A DWI conviction follows you long after the case closes. It shows up on background checks. It comes up in job interviews you’d rather it didn’t. For a lot of our Plano clients, the question isn’t about the case anymore. It’s about what happens next.
Can you actually get a DWI off your record in Texas? Sometimes. It depends on the details.
Sealing versus expunging: they’re not the same thing
Texas law generally treats DWI convictions differently from many other offenses when it comes to clearing a record. A full expunction, which erases a record entirely, typically isn’t available for a DWI conviction. What may be available instead is an order of nondisclosure, which seals the record from public view without erasing it completely. Law enforcement and certain licensing agencies can still access a sealed record, but it won’t show up on most employer or public background checks.
That distinction matters, and it’s one a lot of people don’t realize until they’ve already started researching on their own.
Who typically qualifies
Eligibility for a nondisclosure order on a first-time DWI generally depends on factors including whether the case resulted in a conviction or deferred adjudication, whether there was an accident involved, your blood alcohol concentration at the time, and whether you’ve completed the required waiting period since your case closed. Certain circumstances, like a DWI involving a minor passenger or one that caused injury, can affect or eliminate eligibility entirely.
The waiting periods and requirements are specific, and getting them wrong can mean a wasted filing or a denied petition.
Why “just Google it” often goes sideways
DWI record sealing sits at an intersection of criminal law and civil filing procedure, and the requirements changed with statutory updates in recent years. A form pulled from a generic legal website doesn’t account for your specific case history, your plea, or whether your particular circumstances actually qualify.
We’ve seen people file on their own, get denied on a technicality, and have to start the waiting period over. A careful review upfront saves that frustration.
What the process actually looks like
Filing for a nondisclosure order involves a formal petition to the court, notice to the relevant agencies, and in some cases a hearing. We walk clients through eligibility first, before any filing happens, so nobody spends time or money pursuing a petition that isn’t going anywhere.
If a past DWI is following you into job applications, housing, or licensing decisions, it’s worth a real conversation about your options.
If you’re wondering whether your DWI record in Plano or North Texas may qualify for sealing, contact Lewis & Ashworth for a case review.
This article uses general legal information for educational purposes. It is not a substitute for individualized legal advice. Eligibility depends on the specific facts of your case. Contact Lewis & Ashworth for a personalized review.