Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
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.
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.
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:
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.
Eligibility requires meeting all of the following conditions:
📌 Eligibility is strict and fact-specific—even a minor conviction on a related charge can disqualify you.
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.
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.
You may qualify for non-disclosure if you:
After your record is sealed, you’re not required to disclose the criminal proceeding on most applications. However, certain agencies retain access, including:
| 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.
The expunction process involves four critical steps that must be completed correctly to ensure success.
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:
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.
All agencies that may have records must receive proper notice, including:
⚠️ 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.
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:
McConathy Law has extensive experience handling expunction cases in North Texas courts.
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.
3 to 5 months from filing to completion, though several factors can affect the process:
Timeline Breakdown:
Total cost typically ranges from $1,500 to $2,000, including:
Cost Breakdown:
💰 The total cost reflects not just filing fees but legal expertise—cutting corners can result in denials or repeated filings.
Attempting expunction without an attorney often leads to:
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.
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:
Landlords and lenders frequently run background checks, and a DWI arrest can:
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:
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.
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:
📌 Proximity to MADD’s headquarters influences local legal culture—strategic management is required to succeed in these courts.
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.
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.
Texas Legal Resources:
Dallas County Resources:
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.
Waiting periods depend on your case outcome:
No maximum time limit exists for filing, though earlier filing is preferable for practical reasons.
This depends on the specific circumstances. Under the Travis County v. M.M. decision:
Yes, successful expunction requires destruction of records from:
However, you should verify compliance with each agency, as some may require additional steps for federal database removal.
While not legally required, attempting expunction without legal counsel significantly increases the risk of errors that can delay or prevent success. The process involves:
Our experience shows that self-represented petitioners face significantly higher challenges and longer processing times compared to those with experienced legal representation.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
