If you have a DWI conviction on your record, it’s showing up on background checks. Most people assume there’s nothing to do about that — that a DWI conviction is permanent and public, full stop. In some cases, that’s true. But in some cases, it’s not.
Texas law allows certain first-time DWI convictions to be sealed from public view through a court order called an Order of Non-Disclosure. Eligibility is narrow. The waiting period is real. But if you qualify, it’s worth knowing about.
What an Order of Non-Disclosure Does — and Doesn’t Do
An Order of Non-Disclosure is a court order that prohibits public entities — courts, law enforcement agencies, the Texas Department of Public Safety — from disclosing your criminal record information to the general public. Once it’s granted, you can legally deny the conviction exists on most employment applications, apartment applications, and other background check situations.
That said, it’s not an expungement. A few important limits:
- Law enforcement agencies and certain criminal justice entities still have access to the record
- Certain licensing agencies — including those that oversee healthcare workers, attorneys, teachers, and others — are still entitled to obtain the information
- The conviction can still be used to enhance a future DWI charge to a higher offense level
- It does not restore your right to deny the conviction under oath in a court proceeding
A non-disclosure isn’t a clean slate. But it removes your DWI from the background checks that most employers, landlords, and licensing boards run — and that matters in a lot of real-world situations.
Who Is Eligible
The eligibility requirements under Texas Government Code § 411.0736 are specific. You must meet all of the following:
- First-time DWI conviction only — this doesn’t apply to a second DWI or any enhanced DWI offense
- Your BAC was below 0.15 at the time of the offense — if your BAC was 0.15 or higher, you are not eligible under this statute. That said, if you were charged with a DWI with a BAC of 0.15 or higher and haven’t resolved your case yet, it’s worth talking to me first. I can often negotiate a plea to a standard Class B misdemeanor DWI — which keeps non-disclosure on the table if everything else falls into place.
- No other criminal history — you must never have been convicted of or placed on deferred adjudication for any other offense (Class C misdemeanor traffic citations punishable by fine only don’t count)
- You completed your sentence — whether that was community supervision or a jail sentence, it must be fully completed
- You paid everything owed — all fines, court costs, and restitution must be satisfied
- No accident — the DWI cannot have involved a motor vehicle accident
If any one of these conditions isn’t met, you don’t qualify under this statute. The accident requirement is the one that surprises people most — even a minor fender-bender disqualifies you.
How Long You Have to Wait
Assuming you’re eligible, when you can petition the court depends on how your sentence was structured. There are three situations:
Community supervision (probation) with an ignition interlock device for at least 6 months: You can petition 2 years after successfully completing your probation period.
Community supervision without an ignition interlock device for at least 6 months: You can petition 5 years after successfully completing your probation period.
Jail sentence with no community supervision: You can petition 5 years after completing your jail sentence.
The clock starts running after you complete the sentence — not after the conviction date. And you can’t petition early. The court won’t grant it before the applicable waiting period has passed.
What If You Haven’t Been Convicted Yet
If you’re currently facing a DWI charge — not a past conviction — this may not be the right page yet. For some first-time DWI cases, deferred adjudication is an option, which keeps a conviction off your record entirely and opens a different path to non-disclosure. My DWI page covers deferred adjudication eligibility and how that process works.
How I Help
If you think you might be eligible, the first thing I do is go through the checklist with you — your conviction history, how your sentence was structured, whether an ignition interlock device was ordered and for how long, and whether any accidents were involved. A lot of people assume they don’t qualify when they actually do, and vice versa. It’s worth finding out for certain before either giving up or filing a petition that’s going to get denied.
If you do qualify, I handle the petition — preparing the filing, notifying the required agencies, and representing you through the process. Call me and we’ll figure out where you stand.
Can a DWI conviction be expunged in Texas?
Generally, no. Expunction — which destroys the record entirely — is not available for a DWI conviction. A non-disclosure is different: it seals the record from public view but doesn’t destroy it. Law enforcement and certain agencies still have access. If the case was dismissed or resulted in a deferred adjudication that was successfully completed, expunction or non-disclosure may be available through a different route — but a conviction itself cannot be expunged.
Does a non-disclosure seal the record from employers?
For most employers — yes. Once an Order of Non-Disclosure is granted, public background check databases will no longer show the conviction, and you can legally deny it on most job applications. The exceptions matter though: certain government agencies, licensing boards (healthcare, law, education, financial services), and law enforcement will still have access. If you’re in a licensed profession, check whether your licensing board is one of the agencies that’s still entitled to see the record before assuming a non-disclosure solves your problem.
Does this law apply to old DWI convictions — even ones from before 2017?
Yes. The law that created this non-disclosure path went into effect on September 1, 2017, but it’s retroactive. If you received a DWI conviction years or even decades ago and you otherwise meet the eligibility requirements, you can still petition for non-disclosure today. The waiting period would have started running from when you completed your sentence, so for older convictions, you may already be past the waiting period.
What if my DWI involved an accident?
You’re not eligible under § 411.0736 if the DWI involved a motor vehicle accident — any accident, regardless of how minor or whether anyone was injured. This is one of the stricter eligibility requirements and there’s no exception for it. If your conviction involved an accident, a non-disclosure under this statute isn’t available to you.
Serving All of Collin County
I defend clients throughout Collin County, including:
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A criminal conviction in Texas can have permanent consequences. Beyond the immediate criminal penalties, a conviction may affect your job, your record, your driving privileges, and your future. The right defense, started early, can change the outcome of your case.
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