Texas DWI Expunction & Non-Disclosure Attorneys

Expunction of a dismissed DWI

If the DWI case was dismissed outright (and not refiled before the statute of limitations expired), the arrest record can be expunged. Once granted, the arrest and prosecution records are destroyed at the DPS, arresting agency, court clerk, and prosecutor, and the petitioner may legally deny the arrest occurred for most purposes.

Non-disclosure for first-offense DWI (HB 3016)

A first-offense DWI conviction may be sealed via non-disclosure if the offense did not involve an accident with another person, the BAC was below 0.15, the sentence (including any community supervision) was completed, and the applicable waiting period has elapsed. The waiting period is 2 years from discharge if an ignition interlock device was installed for at least 6 months — otherwise 5 years.

Deferred-adjudication first-offense DWI cases may qualify on a different timeline. An attorney can map the case to the correct provision.

What attorneys look for

Discharge and judgment paperwork, the original charging instrument, the BAC results, and any record of accident involvement. They also verify no subsequent disqualifying convictions and that no other DWI charge is pending. For deferred-adjudication DWIs, the order of dismissal and the supervision discharge order are key.

How to expunge or seal your Texas DWI

1. Determine DWI disposition. Your attorney reviews your case outcome to determine the correct remedy. Dismissed DWIs qualify for expunction; first-offense convictions may qualify for non-disclosure under HB 3016.
2. Verify HB 3016 eligibility conditions. For convictions, confirm: no accident with another person, BAC below 0.15, first-offense DWI, sentence completion, and applicable waiting period met (2 years with interlock, 5 years without).
3. Obtain certified court records. Request certified copies of the judgment, discharge order, BAC results, and charging instrument from the court clerk.
4. Run criminal history check. Your attorney orders a criminal history from Texas DPS to verify no disqualifying convictions or pending DWI charges.
5. File petition in district court. For expunction, file in the district court of the county where the arrest occurred. For non-disclosure, file in the original convicting court. Filing fees range from $250 to $400.
6. Serve all required parties. For expunction, serve all record-holding agencies (DPS, arresting agency, DA, court clerk). For non-disclosure, serve the District Attorney.
7. Wait for review period. The District Attorney reviews the petition. For expunction, multiple agencies may respond. For non-disclosure, the DA can object if eligibility conditions are not met.
8. Attend hearing if required. If any party objects or the judge requests a hearing, your attorney presents evidence that you meet all statutory requirements.
9. Receive order and verify compliance. For expunction, records are destroyed at all agencies. For non-disclosure, records are sealed from public databases. Verify databases update within 30-60 days.

Statutes cited

• Texas Code of Criminal Procedure Article 55.01 (Expunction eligibility) — Tex. Code Crim. Proc. Art. 55.01
• Texas Government Code § 411.0765 (DWI non-disclosure - HB 3016) — Tex. Gov. Code § 411.0765

Frequently asked questions

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