Drinking and driving has quite a negative stigma attached to it. When you’ve been accused, it haunts you, affecting your job prospects, relationships, and peace of mind. So if you’re innocent, or you’ve taken the steps to make things right, you may be wondering about getting a DWI expunction in Texas.

DWI expunction is a legal process that offers hope for those seeking to clear their record and reclaim their future. In this article, we’ll explore the intricacies of DWI expunction, including the eligibility criteria, the step-by-step process of expunction, and alternative options like non-disclosure.

Read on to learn what your options are – and when it’s time to hire a Fort Worth expunction lawyer.

DWI Expunction in Texas: An Overview

Expunction is a legal process that essentially erases all records of an arrest and any subsequent court proceedings. To qualify for DWI expunction in Texas, your case must meet one of the following criteria:

• Case dismissal (which may be achieved by completing a diversion program)
• Not guilty verdict
• No bill (lack of evidence for indictment)
• Pardon from the governor

There are typically waiting periods before you can apply for expunction. “A lot of different dates can apply, but the general rule is 2 years for misdemeanors or 3-5 years for felonies,” explains Graham Norris, founder of Norris Legal Group.

Getting a DWI expunged in Texas is possible, but the circumstances are limited. Since a DWI is typically charged as either a Class B misdemeanor (for BAC under 0.15) or a Class A misdemeanor (for BAC of 0.15 or higher), here’s what you need to know about your specific situation.

When You Can Get a DWI Expunged

• Your case was dismissed without you serving any community supervision
• You were found not guilty at trial
• You were convicted but later pardoned or proven actually innocent
• The grand jury issued a “no bill” (declined to indict you)
• The prosecutor dismissed your case because of mistake, false information, or lack of probable cause

Important Waiting Periods

There is a waiting period in some situations. This is because the prosecutor may decide to charge you before the statute of limitations is up, and so your case can’t be expunged until the clock runs out.

• For Not Guilty verdicts: You can file immediately.
• For Dismissals or No Bills: Must wait two years from the arrest date, minus the time the case was pending, for both Class A and B DWIs, and three years for felony DWIs.

In rare cases, a prosecutor might confirm in writing that they don’t need your arrest records for any current or future cases (either against you or someone else connected to your case). When this happens, you don’t have to wait the usual one-year period before applying for an expunction, though getting a prosecutor to make this certification is uncommon.

When You Cannot Get a DWI Expunged

• You completed deferred adjudication or any form of probation.
• You were convicted of the DWI, even if you only paid a fine.
• You have other charges pending from the same arrest.
• You were convicted of or still face prosecution for other offenses from the same criminal episode.
• You jumped bail or fled the jurisdiction after being released.

A Note About Driver’s License Records

Under Texas law, the administrative suspension of your driver’s license in a DWI case is handled separately from the criminal case. These are parallel proceedings, and according to Transportation Code Section 524.015:

1. Generally, what happens in your criminal DWI case doesn’t affect your license suspension
2. However, there’s one important exception: If you are acquitted (found not guilty) of the DWI charge, then:
   • No license suspension can be imposed
   • If a suspension was already imposed, it must be rescinded
   • The Texas Department of Public Safety (DPS) must remove all references to the suspension from your driving record

This means that while dismissal of your criminal case alone won’t automatically clear your driver’s license records, winning a “not guilty” verdict at trial can clean up both your criminal record and your driving record. This is one reason why the strategy you choose in fighting your DWI case is so important, and why you need an attorney who understands both:

• The criminal DWI process
• The administrative license suspension process (called “ALR” hearings)

“It depends on how the case was resolved, it also depends on timeline,” Graham notes. “It’s important to contact an experienced attorney and review your case to make sure you’re eligible.”

The Texas DWI Expunction Process

Here are the basic steps to the Texas DWI expunction process:

1. Determining Eligibility: The first step is to assess whether your case qualifies for expunction based on the criteria mentioned earlier.
2. Filing a Petition: An expunction is a civil filing related to criminal matters. You’ll need to file a petition with the court and pay the associated fees.
3. Notice to Prosecuting Entities: The district attorney or the entity that prosecuted your case will be notified and given a chance to contest the expunction.
4. Court Hearing: A hearing will be set for your case. If the prosecution doesn’t contest it, you may not be required to appear.
5. Judge’s Order: If approved, the judge will sign an order for expunction.
6. Serving the Order: The expunction order must be served to all entities with records of your arrest and case, including police agencies, jails, and reporting agencies.

Non-Disclosure in DWI Cases: An Alternative to Expunction

While expunction may not be possible for your DWI case if you received deferred adjudication or probation, you might still qualify for non-disclosure, which seals your records from most of the public.

“That is second best to an expunction,” Graham says. “There’s a huge category of cases that quality for that, and it’s still very much worthwhile”

Deferred adjudication is when you plead guilty or no contest to a criminal charge (in this case, a DWI), but instead of entering a conviction, the judge “defers” finding you guilty and places you on probation. If you successfully complete the probation, your case is dismissed (though the arrest and the deferred adjudication remain on your record unless sealed through non-disclosure).

Eligibility Requirements for DWI Non-Disclosure

To qualify for non-disclosure of a first-time DWI, you must have:

• Completed deferred adjudication successfully
• Not been convicted of any other crimes during the period between your deferred adjudication and filing for non-disclosure
• Met the required waiting period
• No prior convictions
• The case must have not involved an accident

Waiting Periods

The time you must wait before filing depends on your specific case:

• 2 years after completing deferred adjudication, if during the probationary period your vehicle was required by the court to be equipped with an ignition interlock device to monitor for alcohol.
• 5 years after completing deferred adjudication if an interlock was required during probation. 

What Non-Disclosure Means

If granted, non-disclosure will:

• Seal your records from most private entities, including employers
• Allow you to legally deny the DWI charge when applying for most jobs
• Still permit law enforcement, licensing agencies (like the Texas Medical Board), and certain government agencies to see the records

Important Limitations

Non-disclosures are only for first-time DWIs. You cannot get a non-disclosure if:

• You have other criminal convictions during the waiting period
• Your case involved an accident with another person
• You have prior convictions
• You are convicted of a Class A DWI with blood 0.15 or higher

Your Future Is at Stake: Why You Need a Texas DWI Expunction Attorney

Think about every job application you’ll fill out in the next decade. Every apartment lease. Every professional license application. Each time, you’ll face the same dreaded question: “Have you ever been arrested?” Without proper handling of your DWI case now, that single question could keep doors closed for years to come.

This isn’t just about filing paperwork. It’s about making strategic decisions that will affect your life for decades. For instance: Should you accept that plea deal offering deferred adjudication? It might sound good now, but it could permanently bar you from getting an expunction later.

A mistake here isn’t just a legal error. It’s the difference between explaining your past to every future employer and being able to honestly answer “no” when asked about arrests. It’s the difference between carrying the stigma of a DWI arrest and having a truly clean slate.

An experienced DWI expunction and non-disclosure attorney like Graham Norris:

• Understands how decisions in your criminal case affect future expunction rights
• Knows when to push for trial versus when to negotiate
• Can navigate both the criminal case and the administrative license suspension to protect both your criminal record and driving record
• Recognizes which strategies preserve your options for either expunction or non-disclosure
• Has handled many cases like yours and knows the pitfalls to avoid

Don’t risk your future trying to handle this alone. The law gives you one shot at cleaning up your record, so make it count.

Take Action Now: Clear Your Texas DWI Record and Reclaim Your Future

Don’t let a past mistake continue to impact your life. If you’re dealing with a DWI record in the Fort Worth, Arlington, or Tarrant County area, it’s time to explore your options for expunction or non-disclosure. The team at Norris Legal Group has the expertise and experience to guide you through this complex process.Contact Norris Legal Group today for a consultation. Our dedicated team will assess your case, explain your options, and work tirelessly to help you clear your record. Don’t wait – the sooner you act, the sooner you can move forward with a clean slate.