How long a DWI stays on your record in Texas
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Two records, two answers. On the driving record: permanent on the driving record. On the criminal record: permanent; nondisclosure is the only relief.
Texas draws the line at the word “conviction”. A dismissed or acquitted charge can be expunged; a conviction cannot, however long ago it was. The practical question in Texas is therefore not whether the record can be erased but whether it can be closed to employers, and that is decided by the class of the offence and by what happened on the night.
| Question | Answer in Texas |
|---|---|
| On the driving record | Permanent on the driving record |
| On the criminal record | Permanent; nondisclosure is the only relief |
| Expungement or sealing | Not available for a conviction |
| Source | Texas Government Code § 411.0731 · Texas OCA, Instructions for a petition under § 411.0736 · checked 2026-09-06 |
Can it be cleared in Texas?
A DWI conviction cannot be expunged in Texas. What exists is an order of nondisclosure, which seals the record from most private inquiries while leaving it visible to criminal justice agencies. Section 411.0731 covers people who completed community supervision; § 411.0736 covers people who completed a sentence and are not eligible under the first.
Of the 15 states in this layer, 8 close the door on a conviction entirely, while Kansas will expunge one after a waiting period. So the blanket advice you find online — that a DWI can never be cleared, or that it always can after seven years — is wrong in both directions depending on where you were convicted.
The part of the Texas rule that catches people
The eligibility rules are narrower than the marketing suggests. Nondisclosure is available only for a Class B misdemeanor DWI under § 49.04 — a Class A conviction is excluded — only for a first-time offender with no other conviction or deferred adjudication beyond a fine-only traffic offence, and not at all if the prosecutor proves the offence involved an accident with another person, including a passenger in your own car. The waiting period runs two or five years after supervision ends, or three or five years after a sentence.
Why the answer is always two answers
The driving record is kept by the licensing agency to decide licences, insurance surcharges and how hard to punish a second offence. The criminal record is kept by the courts and the state police to answer background checks. They are created at different moments, governed by different statutes, and cleared — where they can be cleared at all — by different procedures.
That is why someone can be told truthfully that their conviction was “dismissed” and still fail a driving-job screening years later. If the job involves a vehicle, the record that matters is the one at the DMV.
What else is still running in Texas
The record outlasts every other obligation, which is why it is worth checking last rather than first. The programme, the filing and the device all end on their own clocks.
Texas DWI law in full → · Class requirements in Texas → · Insurance filing rules in Texas → · How records work everywhere →
Record questions in Texas
How long does a DWI stay on your record in Texas?
On the driving record, permanent on the driving record. On the criminal record, permanent; nondisclosure is the only relief. Those are two separate archives kept by two different agencies, and the answer people are usually given conflates them.
Can a DWI be expunged in Texas?
Not available for a conviction. A DWI conviction cannot be expunged in Texas. What exists is an order of nondisclosure, which seals the record from most private inquiries while leaving it visible to criminal justice agencies. Section 411.0731 covers people who completed community supervision; § 411.0736 covers people who completed a sentence and are not eligible under the first.
Will a DWI show up on a background check in Texas?
It depends which check. A criminal-history search looks at the court record; an employer who pulls a motor vehicle record sees the driving record instead, and those clear on different schedules. In Texas the driving record holds it permanent on the driving record, which is why driving jobs keep asking about it long after the case is closed.
Does clearing the court record clear the driving record in Texas?
No, and that assumption is the single most common mistake in this area. The two are held by different agencies under different statutes; an order aimed at one does not bind the other unless the statute says so explicitly. In Texas: the eligibility rules are narrower than the marketing suggests. Nondisclosure is available only for a Class B misdemeanor DWI under § 49.04 — a Class A conviction is excluded — only for a first-time offender with no other conviction or deferred adjudication beyond a fine-only traffic offence, and not at all if the prosecutor proves the offence involved an accident with another person, including a passenger in your own car. The waiting period runs two or five years after supervision ends, or three or five years after a sentence.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.