Texas DWI Expunction & Non-Disclosure Attorneys
Last updated: May 2026
A Texas DWI charge has two possible record-clearing paths depending on outcome. A DWI that was dismissed, reduced to a non-DWI offense, or resulted in acquittal generally qualifies for expunction. A first-offense DWI conviction may qualify for an Order of Non-Disclosure under HB 3016 if specific conditions are met.
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.
Frequently asked questions
Can a DWI conviction be expunged in Texas?
A DWI conviction generally cannot be fully expunged. The remedy for an eligible first-offense DWI conviction is non-disclosure, which seals the record from public view.
Does HB 3016 apply to old DWI convictions?
Yes. HB 3016 applies regardless of conviction date as long as all eligibility conditions are met. A Texas attorney can verify whether a pre-2017 DWI qualifies.
What if my DWI involved an accident?
If the DWI involved an accident with any other person, non-disclosure under HB 3016 is not available even if all other conditions are met.
Does a DWI from another state count?
Out-of-state DWI convictions are not erased by a Texas order. They must be addressed in the state where they occurred.
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