How Long Does a DWI Stay on Your Record in Texas?

October 9, 2026

If you have been arrested for a DWI in Texas — or are trying to help someone who has — one of the first questions that comes up after the immediate crisis of arrest and bail is: what does this mean for the future? The answer depends on whether you are convicted, whether the charge is dismissed, and whether you qualify for expunction or non-disclosure. Here is what the Texas record system actually looks like for DWI cases.

Texas DWI Records Are Permanent by Default


Texas does not automatically clear criminal records after a set period of time. There is no equivalent to a juvenile record automatically sealing at age 18, and there is no seven-year lookback window that wipes criminal history the way some people assume. If you are convicted of a DWI in Texas — meaning you plead guilty, accept deferred adjudication, or are found guilty at trial — that conviction stays on your criminal record permanently unless you take legal action to remove it.


This matters for employment background checks, professional licensing, federal firearms eligibility, immigration status, and future criminal proceedings. It also matters for bail — every prior DWI conviction is visible to a magistrate when bail is set on a subsequent charge, and it directly increases the amount.


What “On Your Record” Actually Means in Texas


Your criminal record in Texas exists in multiple places simultaneously, and each has different rules:


  • Texas DPS criminal history database — maintained by the Department of Public Safety. This is what most employers, landlords, and licensing boards access. A DWI conviction appears here indefinitely.
  • Tarrant County court records — the local case file, judgment, and sentence. Publicly accessible through the district clerk’s office.
  • FBI / National Crime Information Center (NCIC) — for convictions, the record is shared federally. Expunction at the state level does not automatically remove a federal record, which is why attorney involvement matters.
  • Driving record (Texas DPS driver history) — a separate record maintained for licensing purposes. DWI convictions appear on your driving record for a minimum of three years for insurance purposes, regardless of what happens to your criminal record.

Expunction — Can a DWI Be Removed From Your Record in Texas?

Expunction permanently destroys the record of an arrest. After expunction, you can legally deny the arrest occurred. It is the most complete form of record relief available in Texas.

Under Texas Code of Criminal Procedure Chapter 55, expunction is available in limited circumstances for DWI cases:


  • The charge was dismissed and the statute of limitations has expired.
  • You were arrested but never formally charged.
  • You were acquitted at trial (found not guilty).
  • You received a pardon from the Governor.


What does NOT qualify for expunction: a DWI conviction — including deferred adjudication. Texas law explicitly prohibits expunction for DWI deferred adjudication under §55.01(a)(2), unlike most other charges where deferred adjudication can eventually be expunged. This is one of the most common misconceptions about DWI records in Texas.


Non-Disclosure — The Alternative for Some DWI Cases


If expunction is not available, a Petition for Non-Disclosure may be an option. Non-disclosure does not destroy the record — it seals it from public view. Government agencies and law enforcement can still see it, but most private employers and the general public cannot.

Following a 2017 amendment to Texas Government Code §411.0736, first-time DWI offenders may petition for non-disclosure under specific conditions:


  • It was your first DWI conviction.
  • Your BAC was below 0.15% at the time of arrest.
  • No accident involving another person occurred.
  • You successfully completed your sentence including any probation.
  • A waiting period has passed: 2 years if an ignition interlock device was required; 5 years if it was not.


Non-disclosure is not automatic — you must file a petition with the court, pay a filing fee, and a judge must approve it. An attorney handles this process. If granted, the DWI is sealed from public criminal history databases, though it remains visible to licensing boards for certain professions (law enforcement, teaching, healthcare, and others).


How Prior DWI Convictions Affect Future Bail in Texas


Even if a prior DWI is sealed through non-disclosure, it remains visible to courts and magistrates in Texas. This is relevant if you are ever arrested again. A second DWI conviction in Texas is a Class A misdemeanor rather than Class B — regardless of how much time has passed since the first. A third DWI is a third-degree felony.


For bail purposes specifically, a prior DWI on record means:

  • The magistrate sets bail based on the enhanced charge level, not the first-offense range.
  • Prior failures to appear or prior convictions for any offense increase perceived flight risk and raise bail further.
  • A prior DWI within the past 10 years can trigger mandatory ignition interlock as a condition of release on a new DWI charge.


The Difference Between Arrest and Conviction on Your Record


An arrest record and a conviction record are different things. If you were arrested for a DWI but the charge was later dismissed — because the prosecution declined to proceed, evidence was suppressed, or you completed a diversion program — the arrest still appears on your record unless you obtain an expunction. In Texas, a dismissed DWI is eligible for expunction once the applicable statute of limitations has run (generally two years for a Class B misdemeanor DWI).


This distinction matters because many people assume a dismissal clears their record automatically. It does not. The arrest remains visible until an expunction order is signed by a judge and the relevant agencies comply.


Arrested for DWI in Fort Worth? Getting Out Quickly Matters.


The decisions made in the hours after a DWI arrest — including how quickly bail is posted — can affect both the immediate situation and the long-term record outcome. For information on the bail bond process after a DWI arrest, visit our DWI bail bonds in Fort Worth, TX page, or call (817) 834-6285 — available 24/7.