DWI Nondisclosure in Texas
A DWI conviction cannot be expunged in Texas. For some people with a first-time DWI, there is another option: an order of nondisclosure. It doesn’t erase the record, but it limits who can see it.
What a nondisclosure order does, and doesn’t do
An order of nondisclosure prohibits criminal justice agencies from releasing the record to the public. In practice, that means most private employers, landlords, and commercial background check companies should no longer see it.
It does not make the record disappear. Law enforcement, prosecutors, and courts can still see it, and it can still be used if there is a later offense. Some government agencies and licensing boards also keep access by law. For licensed professionals, that last point matters most, and it is covered below.
A DWI conviction cannot be expunged in Texas. For some people with a first-time DWI, there is another option: an order of nondisclosure. It doesn’t erase the record, but it limits who can see it.
What a nondisclosure order does, and doesn’t do
An order of nondisclosure prohibits criminal justice agencies from releasing the record to the public. In practice, that means most private employers, landlords, and commercial background check companies should no longer see it.
It does not make the record disappear. Law enforcement, prosecutors, and courts can still see it, and it can still be used if there is a later offense. Some government agencies and licensing boards also keep access by law. For licensed professionals, that last point matters most, and it is covered below.
Who may qualify
Eligibility depends on how the case ended. Texas law sets out three paths for a first-time DWI:
| How the case was resolved | Earliest you can file, with 6+ months of ignition interlock | Earliest you can file, without an interlock |
|---|---|---|
| Deferred adjudication, discharged and dismissed by the court | Two years after completion (interlock no longer required) | Two years after completion |
| Conviction with probation (community supervision), completed | Two years after completion | Five years after completion |
| Conviction with jail time or a fine, completed | Three years after completion | Five years after completion |
In each path, the basic requirements are similar:
- It must be a first-time offense. No prior conviction or deferred adjudication for any other offense, except a fine-only traffic ticket, and none during the waiting period.
- The alcohol concentration must have been below 0.15 for the conviction paths. A 0.15 or higher result is charged differently and doesn’t qualify.
- No collision involving another person, including a passenger in your own vehicle.
- Everything must be completed: probation or sentence, jail time, fines, court costs, and restitution.
- Certain other offenses disqualify permanently, including family violence offenses and offenses that require sex offender registration.
Meeting these requirements makes you eligible to ask. The judge must still find that the order is in the best interest of justice, and the State can respond.
If you hold a professional license
A nondisclosure order does not hide a DWI from several Texas licensing authorities. By statute, the Texas Board of Nursing, the Texas Medical Board, the State Board for Educator Certification, the Texas Education Agency, the Board of Law Examiners, and the State Bar of Texas can still receive the record.
That doesn’t make nondisclosure worthless for a licensed professional. It can still keep the record away from private employers and commercial background checks. But it is not a substitute for handling the license side directly, and it doesn’t change what you may be required to report at renewal. That decision is best made with the criminal case and the license considered together.
Planning for nondisclosure starts with the case
Whether nondisclosure is available later often depends on decisions made while the case is pending, how it is resolved, whether probation is involved, and whether an ignition interlock condition runs for at least six months. Those choices can change the waiting period by years, or determine whether the option exists at all.
Talk with Jon O’Toole
A consultation with Jon O’Toole covers whether your case may qualify, when you could file, and how nondisclosure fits with any professional license you hold. A nondisclosure petition is handled as its own engagement, separate from the criminal case. Contact O’Toole Law, PLLC at 214-225-6658.
This page provides general information and does not constitute legal advice. Contacting O’Toole Law, PLLC does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any future case.