If you are asking whether a DWI conviction can be expunged from your East Texas criminal record, the short answer is that it likely cannot, but a DWI defense lawyer can tell you more specific to your situation. Even more crucially, a lawyer is your best shot to avoid having a conviction on your record at all.
Expunction vs. Nondisclosure for DWI Cases in Texas
True expunction means the records are completely destroyed and treated as if they never existed. In Texas, DWI convictions are generally not eligible for expunction, as Texas law specifically limits expunction to cases where there was no final conviction (such as when charges are dismissed, you are acquitted at trial, or the case never resulted in a conviction).
You can seek expunction of a DWI arrest if the case ended without a conviction. For example, if prosecutors dismissed the charges or a jury found you not guilty, you could petition to have any record of the incident erased. For arrests where no charge was filed, you typically have to wait 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for all felonies.
Nondisclosure
Many people with a DWI conviction can apply for an order of nondisclosure. This basically seals the record so it does not appear on most background checks for private entities, though certain government agencies and law enforcement can still see it. Texas fairly recently expanded access to nondisclosure for first-time DWI offenders through the Second Chance Law and related provisions in Government Code Chapter 411, but you still have to meet some eligibility conditions.
You must, for instance, have only the one DWI on your record, with no prior convictions or deferred adjudications (except for fine-only traffic tickets). Your BAC at the time of your DWI must have been under 0.15, and there cannot have been any motor vehicle accident involving another person (and this includes having had a passenger in your vehicle). You also need to have fully completed your sentence, whether that was probation or jail time, and paid all fines and restitution.
Special Considerations for Different DWI Outcomes
If your DWI resulted in deferred adjudication, and you successfully completed it without getting a final conviction, you may have stronger expunction options in some cases, though DWI-specific limits still apply. Felony DWI convictions and multiple DWIs almost always disqualify you from nondisclosure.
Juvenile cases have separate rules that sometimes allow for easier sealing. Whatever your situation, you’ll always want to confirm with your attorney whether your case involved any enhancements or additional charges that could affect your eligibility.
Call DWI Defense Lawyer in East Texas
An experienced attorney can evaluate your specific case and guide you through the petition process when the time is right. Texas law does provide limited but meaningful ways to move forward after a DWI for those who qualify, and you can take the first step by reviewing your records and eligibility and then calling Ryan Hill Attorney at Law in Longview, TX to set up a consultation and discuss all your options.
