Seeking A Clean Record Through DWI Expungement In Texas
Last updated on March 18, 2025
Having a Texas DWI arrest, charge or conviction on your criminal and driving record can have far-reaching impacts. It may feel like you’ll never be able to get out of its shadow. However, relief may be available through expungement or nondisclosure. Here at The Sanchez Law Firm, we are committed to guiding individuals in McAllen and the surrounding area through pursuing such Texas DWI record-clearing options. Our DWI expungement attorney, Sergio Sanchez, will use his 23 years of legal experience, insights as a former prosecutor and laser-focused approach to help you seek the clean slate you desire.
Expungement Versus Nondisclosure
In Texas, the two main ways to “clear” a criminal record are:
- Expungement (expunction): This completely removes an arrest, charge or conviction from your record.
- Nondisclosure (record sealing): Rather than removing marks from your record, this prevents them from being publicly visible, though certain government entities can still access them.
Which options could be available in a DWI case depends on a range of factors, which we will discuss below.
Can You Remove A DWI Conviction From Your Criminal And Driving Record In Texas?
No, under current Texas law, DWI convictions are never eligible for expungement.
Can You Expunge A DWI Arrest Or Charge In Texas?
Yes. If you were never convicted, you may be able to have your DWI arrest and/or charges removed from your record, provided you meet the state’s DWI expungement eligibility requirements. Generally, this option for seeking to clear a Texas DWI record is available if you:
- Were never charged after being arrested
- Had your charges dismissed
- Were acquitted of the charges
How long you must wait to pursue an expungement varies depending on which of these circumstances applies to you. Our Texas DWI record removal lawyer can help you with navigating Texas’ DWI expungement requirements.
Can An Under 21 DUI Conviction Be Expunged In Texas?
In Texas, DUI refers to the offense of driving with any detectable alcohol in your blood when under the age of 21. Unlike with DWI, expungement for a DUI conviction is a possibility under certain circumstances. You can receive an expungement if you have just one such offense. However, you must wait until after you turn 21 to pursue expungement. Our attorney can guide you through seeking to remove a DUI conviction from your record.
Can You Seal A DWI Conviction?
While you can’t get a DWI conviction removed from a record in Texas, there is a possibility you could get it sealed. Under the state’s second chance law, DWI convictions can be eligible for nondisclosure. However, there are many limits on which specific ones are. Eligibility requirements for DWI conviction nondisclosure include the following:
- It is a first-offense misdemeanor DWI.
- The DWI didn’t result in an accident involving another person.
- You didn’t test at or above .15% for BAC.
- You otherwise have a clean record (other than traffic violations).
Even if you meet such requirements, you can’t apply for nondisclosure until you have completed your sentence or probation, and a waiting period has passed. The waiting period is two to five years, depending on the specifics of your case. Our Texas DWI record sealing attorney can help determine if/when you qualify to seek nondisclosure.
How To Request DWI/DUI Expungement Or Nondisclosure In Texas
Here are the standard steps for applying for a nondisclosure or expunction:
- Applying: Complete a petition for a nondisclosure or expungement
- Filing: File the petition and any required paperwork with the appropriate court, typically where your arrest proceedings, charges or conviction occurred
- The hearing: At the hearing, the court will decide whether to grant the requested expungement or nondisclosure order
If your request is granted, authorities will begin to take action to implement the expungement or nondisclosure.
Avoiding mistakes during the DWI expungement process is key. A skilled legal professional can guide you through each step, ensuring you are in compliance with all requirements. Our DWI record cleanup attorney is ready to provide you with the trusted, reliable representation you need in expungement or nondisclosure matters.
Let Our DWI Expungement Lawyer Help You Pursue A Fresh Start
Don’t let a drunk driving arrest, charge or conviction keep you from the future you desire. Turn to us for guidance on and help with your Texas DWI record-clearing options. Schedule a free consultation with our skilled DWI expungement attorney today by contacting us online or calling 956-467-5766. Se habla español.