How Long Does A DWI Stay On Your Record In TX?
Highlights: A DWI conviction does not expire in Texas. It stays on your criminal record permanently unless you take legal steps to remove or seal it. The Texas Department of Public Safety also maintains the offense on your driving record for life. The so-called “7-year rule” that many people reference is not a criminal record expiration. It is a background check reporting limitation under the Fair Credit Reporting Act and Texas Business and Commerce Code that applies to consumer reporting agencies in certain employment contexts, not to the criminal record itself. If your case was dismissed, acquitted, or never charged, you may qualify for an expunction that destroys the record entirely. If you received deferred adjudication on a qualifying first-offense DWI, you may be eligible for an order of nondisclosure that seals it from most public searches. But a final DWI conviction cannot be expunged in Texas. Understanding the distinction between these options is the first step toward knowing what you can do about a DWI on your record. A DWI Conviction In Texas Is Permanent Unless You Act There is no automatic expiration date. A DWI conviction remains on your Texas criminal record indefinitely. It does not fall off after five years, seven years, or ten years. It is visible on criminal background checks, and it can affect employment, housing, professional licensing, and educational opportunities for as long as it exists. Your driving record tells the same story. The Texas Department of Public Safety maintains a DWI conviction on your driving record for life. While most minor traffic violations age off after three years, DWI is treated as a serious public safety offense and is kept permanently. Insurance companies typically review the past three to five years of your driving history, but a DWI within that window can double or triple your premiums. The only ways to change this are expunction (which destroys the record) or an order of nondisclosure (which seals it from most public access). Both require meeting specific eligibility criteria, filing a petition with the court, and in many cases, waiting through a statutory period before you can file. The 7-Year Rule Doesn’t Mean What Most People Think This is the most common misconception about DWI records in Texas. Many people believe that a DWI disappears from their record after seven years. It does not. What does exist is a reporting limitation. Under the federal Fair Credit Reporting Act and Texas Business and Commerce Code § 20.05, consumer reporting agencies are restricted from including criminal convictions older than seven years on background check reports for positions paying less than $75,000 per year. That means the company running your pre-employment background check may not be able to report the conviction after seven years. But the conviction is still there. It still exists on your criminal record. It is still accessible to law enforcement, licensing boards, government agencies, and any employer whose position falls above the salary threshold or outside the scope of the FCRA limitation. There is also an important legal nuance. The federal FCRA was amended in 1996 to remove the seven-year limit on reporting criminal convictions at the federal level. Several states, including Texas, later passed their own seven-year limitations, but federal preemption under § 1681t of the FCRA may override the Texas statute in certain circumstances. The practical result is that for most job applicants in Texas earning under $75,000, the seven-year reporting window applies. For positions above that threshold, for government employment, for professional licensing, and for any situation outside the consumer reporting framework, the conviction is fully visible regardless of age. If you are relying on the “7-year rule” to protect you, you should understand exactly what it covers and what it does not. When A DWI Charge Can Be Expunged In Texas Expunction is the strongest form of record clearing available in Texas. When a court grants an expunction, the arrest and all records related to the case are destroyed. Government agencies must delete the records, and the person is legally entitled to deny the arrest ever happened. But expunction is only available in specific situations. A DWI conviction cannot be expunged. That is one of the most important distinctions in Texas criminal law. If you pleaded guilty or were found guilty at trial, expunction is not an option. You may qualify for expunction if the DWI charge was dismissed, if you were acquitted at trial, if the grand jury returned a no-bill, or if the charge was never formally filed. In those situations, the arrest record can be removed entirely. The waiting period depends on the level of the charge. For a Class B misdemeanor DWI, the waiting period is 180 days from the date of arrest. For a Class A misdemeanor, it is one year. For a felony, three years. These periods apply only if no charges were filed during that time. If your DWI case was dismissed or you were never convicted, this is the path to a clean record. An attorney who handles DWI defense and expunctions in Dallas can evaluate whether you qualify and file the petition on your behalf. Nondisclosure: Sealing A First-Offense DWI After Deferred Adjudication For people who received deferred adjudication on a qualifying first-offense DWI, Texas law offers a second option: an order of nondisclosure under Texas Government Code Chapter 411, Subchapter E-1. Nondisclosure does not destroy the record. Instead, it seals the record from most public access. Employers, landlords, and the general public will not see it on a standard background check. But law enforcement agencies, licensing boards, and certain government entities can still access the sealed record. Eligibility for nondisclosure after a DWI deferred adjudication is limited. It must have been a first DWI offense with no aggravating circumstances. The BAC must have been below 0.15. There must have been no accident involving another person. And the defendant must have successfully completed all terms of the deferred adjudication probation without revocation. The waiting period depends on whether an ignition interlock
