A DWI arrest is destroying your future. Employers reject you, landlords deny applications, and professional licenses remain out of reach. All because of one mistake that follows you everywhere.
You’re trapped, watching opportunities slip away while that DWI arrest haunts every major life decision.
Fortunately, Texas expungement can completely erase your DWI arrest from existence.
Not hidden… destroyed.
You can legally deny it ever happened. But only if you qualify and act correctly.
Dallas County makes this especially challenging. With Mothers Against Drunk Driving’s headquarters 20 minutes from the courthouse, prosecutors face constant pressure to stay tough on DWI cases—even dismissed ones.
Get your fresh start. Reach out for a free consultation with our Texas DWI Defense attorney to discover if your DWI can be expunged.
What Is a DWI Expungement in Texas?
Under Texas law, expungement (legally called “expunction”) means the complete destruction or return of all records related to your DWI arrest. Texas Code of Criminal Procedure § 55.01 defines expunction as the legal process that requires all agencies to permanently delete or return arrest records, booking photos, fingerprints, and court documents.
This differs significantly from sealing records through an order of non-disclosure. When records are sealed, they still exist but are hidden from most public view. With expunction, the records are destroyed entirely, allowing you to legally deny the arrest ever occurred.
⚖️ Texas law draws a strict legal line between hiding a record and destroying it. Expunction means the arrest never legally existed—an essential distinction in legal proceedings and job applications.
Can a DWI Be Expunged in Texas?
The short answer: DWI convictions typically cannot be expunged. However, certain DWI arrests are eligible for expunction under specific circumstances defined by Texas law.
You will not be eligible for expunction if you were convicted or pleaded guilty to DWI. You are only eligible if you received obstruction of a passageway or received deferred adjudication on a different charge.
Note that deferred adjudication on a DWI specifically has not been offered since 1983.
Qualifying circumstances include:
- Acquitted at trial: A jury or judge found you not guilty
- Case dismissed: Charges were dropped by the prosecutor
- Grand jury “no-bill”: The grand jury refused to indict
- Pretrial diversion completed: Successfully finished a pretrial intervention program
- Released without charges: Arrested but never formally charged
- Convicted of lesser charge: Under the Travis County v. M.M. decision, expunction may be available if you received deferred adjudication for a lesser offense (not DWI)
A significant 2018 Texas Court of Criminal Appeals decision expanded expunction eligibility. If you were originally arrested for DWI but accepted deferred adjudication for a lesser charge (such as obstruction of a highway or reckless driving), you may qualify for expunction of the DWI arrest record.
- DWI convictions (including guilty pleas)
- Deferred adjudication for DWI specifically
- Cases where you were found guilty of any charge arising from the arrest
Who Qualifies for a Texas DWI Expungement?
Eligibility requires meeting all of the following conditions:
- No conviction for any offense arising from the arrest
- No pending charges related to the incident
- No successful probation for any offense from the arrest (with Travis County v. M.M. exception)
- Proper waiting period has passed (usually immediate if acquitted or dismissed)
📌 Eligibility is strict and fact-specific—even a minor conviction on a related charge can disqualify you.
Special Circumstances
- Juvenile cases: Minors may have additional expunction opportunities under Texas Family Code provisions.
- Clerical dismissals: If charges were dismissed due to prosecutorial discretion or insufficient evidence, you likely qualify immediately.
- Multiple charges: If arrested for DWI and other offenses, conviction on any charge typically disqualifies the entire arrest from expunction.
According to the Texas Department of Public Safety, approximately 15-20% of DWI arrests in Texas result in dismissals or acquittals, making expunction a realistic possibility for many defendants.
Order of Non-Disclosure in Texas (Alternative to Expungement)
Most individuals with DWI convictions in Texas will not qualify for expunction but may be eligible for record sealing through non-disclosure under Texas Government Code § 411.081.
If you don’t qualify for expunction, you may still be eligible for DWI record sealing through an order of non-disclosure, which hides your arrest from most public view.
Eligibility Requirements
You may qualify for non-disclosure if you:
- Received deferred adjudication community supervision (not available for DWI since 1983, but available for reduced charges)
- Successfully completed the deferred adjudication period with discharge and dismissal
- Have no subsequent arrests during waiting periods
Waiting Periods
- Misdemeanor offenses: May petition immediately after discharge and dismissal
- Felony offenses: Must wait five years after discharge and dismissal
Who Can Still See Sealed Records
After your record is sealed, you’re not required to disclose the criminal proceeding on most applications. However, certain agencies retain access, including:
- State Board for Educator Certification
- Texas Medical Board
- Board of Law Examiners and State Bar of Texas
- Texas Board of Nursing
- Texas State Board of Public Accountancy
- Texas Department of Licensing and Regulation
- Municipal or volunteer fire departments
- School districts and educational institutions
- Banking and securities commissioners
Cost Comparison
| Process | Average Cost | Timeline |
|---|---|---|
| Expunction | $1,500-$2,000 | 3-5 months |
| Non-disclosure | $1,000-$1,500 | 2-4 months |
Our Dallas DWI lawyer understands the political and procedural landscape of local courts, especially in counties influenced by advocacy pressure like Dallas.
How to Expunge a DWI in Texas: Step-by-Step
The expunction process involves four critical steps that must be completed correctly to ensure success.
File a Petition for Expunction in Civil Court
Begin by filing a verified petition in the district court of the county where you were arrested. Under Texas Code of Criminal Procedure § 55.02, the petition must include:
Required petitioner information:
- Your full name, sex, race, and date of birth
- Driver’s license number and social security number
- Address at the time of arrest
- The offense charged against you
- Date the offense was alleged to have been committed
- Date of your arrest
- County or municipality where arrested
- Name of arresting agency
- Case number and court of offense
- Every law enforcement agency that may have information related to the criminal record
Filing fees typically range from $300-$400, depending on the county.
The court shall enter an order for expunction within 30 days for every eligible individual who requests expunction after an acquittal.
Serve Relevant Parties (DA, DPS, etc.)
All agencies that may have records must receive proper notice, including:
- District Attorney’s office
- Texas Department of Public Safety
- Local police department
- Sheriff’s office
- Municipal court (if applicable)
- FBI (for federal background checks)
⚠️ Failure to properly notify all record-holding entities can invalidate the entire expunction, even if you’re legally eligible.
Service requirements follow Texas Rules of Civil Procedure, typically requiring certified mail or personal service at least 30 days before any hearing.
Attend a Court Hearing (if required)
Many uncontested cases proceed without a hearing if the prosecutor files a waiver. However, contested cases require a court appearance where you’ll need to prove:
- Legal eligibility for expunction
- Proper service of all parties
- No disqualifying factors exist
McConathy Law has extensive experience handling expunction cases in North Texas courts.
Distribute Expunction Order to All Agencies
Once the court grants your expunction order, you must serve copies to every agency listed in the petition. Each agency has 60 days to comply with the destruction order.
Request written confirmation from each agency that records have been destroyed or returned.
How Long Does a DWI Expungement Take in Texas?
3 to 5 months from filing to completion, though several factors can affect the process:
Timeline Breakdown:
- Week 1-2: Prepare and file petition
- Week 3-6: Serve all parties (30-day notice requirement)
- Month 2-3: Court review and potential hearing
- Month 3-4: Obtain signed expunction order
- Month 4-5: Serve agencies and verify compliance
Factors That Speed Up the Process
- District Attorney waiver: When the DA doesn’t contest, cases move faster
- Clear eligibility: Straightforward dismissals or acquittals process quicker
- Experienced attorney: Legal expertise prevents delays and errors
Potential Delays
- Court backlogs: Some Texas counties have longer waiting periods
- Agency response time: Slow compliance from multiple departments
- Contested eligibility: DA objections require additional court proceedings
Cost of DWI Expungement in Texas
Total cost typically ranges from $1,500 to $2,000, including:
Cost Breakdown:
- Court filing fees: $300-$400
- Service costs: $100-$200
- Attorney fees: $1,000-$1,500
- Certified copies: $50-$100
💰 The total cost reflects not just filing fees but legal expertise—cutting corners can result in denials or repeated filings.
Why Legal Counsel Is Worth the Investment
Attempting expunction without an attorney often leads to:
- Procedural errors that delay or derail the process
- Improper service that invalidates the petition
- Missing deadlines that restart the entire process
- Incorrect legal arguments that result in denial
McConathy Law clients benefit from our extensive experience and knowledge of the expunction process. A successful expunction can significantly increase earning potential by opening employment opportunities that require clean background checks.
Why Expunging a DWI Matters
The impact of a DWI arrest extends far beyond the initial legal proceedings, affecting multiple aspects of your life for years to come.
Background checks reveal arrest records even without convictions, potentially disqualifying you from:
- Government positions requiring security clearances
- Healthcare roles in hospitals and clinics
- Financial services positions
- Education jobs working with children
- Transportation and logistics careers
Landlords and lenders frequently run background checks, and a DWI arrest can:
- Limit rental options in competitive housing markets
- Increase security deposits or require co-signers
- Affect loan approvals for mortgages or business financing
- Impact insurance rates for auto and professional liability coverage
Many professional licenses require disclosure of arrests and can result in delayed licensing, disciplinary action against existing licenses, or mandatory reporting to licensing boards.
Specific impacts by profession:
- Medical professionals: Texas Medical Board review and potential restrictions
- Attorneys: State Bar of Texas disciplinary proceedings
- Nurses: Texas Board of Nursing investigations
- Accountants: Texas State Board of Public Accountancy scrutiny
- Teachers: State Board for Educator Certification review
Beyond practical concerns, carrying an arrest record creates ongoing stress, including anxiety about background checks, embarrassment when explaining arrest history, and uncertainty about future opportunities.
Common Challenges in the DWI Expungement Process
Even eligible cases can face obstacles that require experienced legal representation, especially in Dallas County’s tough prosecutorial environment.
To better understand how your charges might affect eligibility, review the difference between DWI and DUI in Texas and how each one is treated under state expunction laws.
Dallas County maintains an aggressive stance on DWI cases regardless of political party. This stems partly from Mothers Against Drunk Driving’s world headquarters being located in Irving, Texas, with representatives regularly monitoring Dallas County courtrooms to ensure tough positions on DWI cases.
Factors that influence cases:
- Political climate: Local politics significantly impact case prosecution
- Media coverage: Recent DWI-related accidents can lead to tougher prosecution
- Public sentiment: Community feelings about DWI enforcement affect decisions
- Organizational pressure: Advocacy groups monitoring proceedings influence outcomes
📌 Proximity to MADD’s headquarters influences local legal culture—strategic management is required to succeed in these courts.
- Prosecutors may contest expunction based on disputed case facts, technical arguments about plea negotiations, or policy positions against expunging DWI arrests.
- Database errors can complicate expunction when multiple arrests exist under similar names, records are incorrectly merged, or federal and state databases show conflicting information.
- Legal confusion often arises around different types of probation and the critical distinction between dismissals versus plea bargains to lesser charges.
Our approach with 70 years of family experience in Dallas County courts involves maintaining detailed case files and working closely with prosecutor offices to address concerns proactively.
Our Texas Defense Attorneys for Record Expunging Are Here To Help | Contact Us Now
Richard McConathy is our experienced attorney who will make every effort to help you have your record sealed or expunged.
We proudly represent clients throughout Dallas County and the surrounding counties of Denton County, Collin County, Wise County, Kaufman County, Parker County, and Tarrant County.
Contact us now at 197-230-38867 to schedule your free consultation and find out if you qualify for a DWI expunction in Texas.
Helpful Resources for DWI Record Expunction
Texas Legal Resources:
- Texas Code of Criminal Procedure Chapter 55 – Complete expunction laws and procedures
- Texas Government Code Chapter 411 – Criminal record sealing and non-disclosure procedures
Dallas County Resources:
- Dallas County District Clerk
Frank Crowley Criminal Building
133 N. Riverfront Blvd.
Dallas, Texas 75207
Phone: (214) 653-5960
FAQs About DWI Expungement in Texas
Can a First-Time DWI Be Expunged in Texas?
First-time DWI arrests can be expunged if the case was dismissed, you were acquitted, or charges were never filed. However, a first-time DWI conviction cannot be expunged, regardless of whether it’s your only offense. The key factor is the final disposition of your case, not how many times you’ve been arrested.
How Long Do I Have to Wait to Expunge a DWI?
Waiting periods depend on your case outcome:
- Dismissed or acquitted: Eligible immediately
- Grand jury no-bill: Eligible immediately
- Pretrial diversion: Eligible after completion
No maximum time limit exists for filing, though earlier filing is preferable for practical reasons.
What if My DUI Was Reduced to Another Charge?
This depends on the specific circumstances. Under the Travis County v. M.M. decision:
- If you received deferred adjudication for a lesser charge (not DWI), you may qualify for expunction of the original DWI arrest
- If you were convicted of any charge arising from the arrest, expunction is typically not available
- Each case requires individual analysis based on the plea agreement and final court orders
Will Expungement Erase My Arrest From All Records?
Yes, successful expunction requires destruction of records from:
- All law enforcement agencies
- Texas Department of Public Safety
- FBI databases (through proper procedures)
- Court records and files
- Prosecutor’s office files
- Jail and booking records
However, you should verify compliance with each agency, as some may require additional steps for federal database removal.
Do I Need a Lawyer to Expunge a DWI?
While not legally required, attempting expunction without legal counsel significantly increases the risk of errors that can delay or prevent success. The process involves:
- Complex legal eligibility determinations
- Precise procedural requirements
- Multiple agency service requirements
- Potential court hearings and negotiations
Our experience shows that self-represented petitioners face significantly higher challenges and longer processing times compared to those with experienced legal representation.