How Long Does a DWI Stay on Your Record in TX?
How Long Does a DWI Stay on Your Record in Texas?
A DWI conviction does not automatically expire in Texas. A conviction can remain part of a person's criminal history indefinitely unless the person qualifies for a specific legal remedy, such as expunction or nondisclosure. Completing probation or waiting a certain number of years does not, by itself, erase a DWI conviction.
Your criminal record and driving record are also different records. A DWI conviction can continue to appear in criminal-history records, while information maintained by the Texas Department of Public Safety (DPS) is governed by separate rules.
Is There a 7-Year Rule for DWI Records?
Many people have heard of a "7-year rule" and assume that a DWI automatically disappears after seven years. That is not how Texas criminal records work.
The seven-year limitation commonly associated with background checks generally concerns consumer reporting agencies and certain employment-related background reports under the Fair Credit Reporting Act and applicable Texas law. It does not mean that a DWI conviction is erased from court records or criminal-history databases after seven years.
A DWI conviction can therefore remain part of your criminal history even if a particular background-check report no longer includes it.
Can a DWI Be Expunged in Texas?
A final DWI conviction generally cannot be expunged in Texas. Expunction is a legal remedy that, when available, can require qualifying records relating to an arrest or criminal case to be destroyed or removed from government files.
Whether someone qualifies for expunction depends heavily on how the case ended and the requirements of Texas law. Depending on the circumstances, a person may qualify when a DWI-related case was dismissed, resulted in an acquittal, or was never prosecuted, provided all applicable statutory requirements are satisfied.
Because eligibility depends on the specific disposition and circumstances, simply having no conviction does not automatically guarantee eligibility for expunction.
Can a DWI Be Sealed Through Nondisclosure?
Nondisclosure is different from expunction. An order of nondisclosure generally restricts public access to qualifying criminal records rather than completely destroying the records.
Certain first-offense DWI cases may qualify for nondisclosure under Texas law, but eligibility depends on the specific circumstances and statutory requirements. Factors can include the type of case, how it was resolved, successful completion of applicable supervision, the person's criminal history, and other requirements established by Texas law.
A nondisclosure order also does not necessarily prevent every government agency or authorized entity from accessing the record.
What Can You Do About a DWI on Your Record?
The first step is determining exactly how your DWI case ended. A final conviction, dismissal, acquittal, and qualifying deferred adjudication can have very different consequences when it comes to clearing or restricting access to the record.
If you have a DWI on your Texas record, a Dallas DWI attorney can review the case disposition and determine whether you may qualify for expunction, nondisclosure, or another available remedy. Understanding which legal remedy applies is important because a DWI does not simply disappear with time, and the seven-year background-check rule does not erase the underlying criminal record.
Dallas DWI Lawyers
325 North St Paul Street, Suite 3100, Dallas, TX, 75201