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Criminal Record: How a DWI Stays With You

A Driving While Intoxicated (DWI) conviction in Texas is a serious offense that can have long-lasting effects on your life. One of the most significant impacts is its presence on your criminal record, which can be revealed during background checks conducted by employers, landlords, and various institutions.

How Long Does a DWI Stay on Your Record in Texas?

In Texas, a DWI conviction remains on your criminal record permanently. Unlike some other states that allow for automatic removal after a certain period, Texas does not offer such leniency. This means that without legal intervention, the conviction will continue to appear on background checks indefinitely.

Will a DWI Show Up on a Background Check?

Yes, a DWI conviction will appear on a background check in Texas. Employers, landlords, and licensing agencies often conduct comprehensive background checks that include criminal records. The visibility of a DWI can affect employment opportunities, housing applications, and professional licensing.

Is It Possible to Remove a DWI from Your Record?

While a DWI conviction cannot be completely erased through expunction in Texas, there are potential legal avenues to limit its visibility:

Order of Nondisclosure (Record Sealing): Under certain conditions, you may petition for an order of nondisclosure, which seals the DWI conviction from public records. This means it won’t appear on most background checks, though it remains accessible to law enforcement and specific governmental agencies.

Eligibility for an Order of Nondisclosure

To qualify for an order of nondisclosure for a DWI in Texas, the following criteria must typically be met:

First-Time Offender: The DWI offense must be your first and only DWI conviction.
Blood Alcohol Concentration (BAC): Your BAC at the time of the offense must have been below 0.15%.
No Accidents: The DWI offense did not involve an accident with another person, including passengers.
Completion of Sentence: All terms of the sentence, including any probation or community supervision, must be completed.
No Additional Convictions: You have no other convictions or deferred adjudications on your record.

It’s important to note that even with an order of nondisclosure, certain entities, such as criminal justice agencies and specific licensing boards, may still access your sealed record.

Steps to Obtain an Order of Nondisclosure

Complete Sentence Requirements: Ensure all aspects of your sentence are fulfilled, including fines, community service, and any probationary terms.
Determine Eligibility: Consult with a legal professional to confirm that you meet the necessary criteria for filing a petition.
File the Petition: Submit a petition for an order of nondisclosure with the court that handled your case.
Attend the Hearing: A court hearing will be scheduled to review your petition. It’s advisable to have legal representation during this process.
Await the Decision: If the court grants the order, your DWI record will be sealed from public access.

The Importance of Legal Assistance

Navigating the legal procedures to seal a DWI conviction can be complex. Engaging with an experienced attorney can help ensure that all requirements are met and increase the likelihood of a favorable outcome. They can provide guidance tailored to your specific situation and help you understand the implications of sealing your record.

DWI Conviction in Texas: Lasting Effects on Your Criminal RecordConclusion

A DWI conviction in Texas has enduring consequences, particularly concerning its presence on your criminal record and its visibility during background checks. While expunction is not an option for DWI convictions, obtaining an order of nondisclosure can significantly mitigate the impact on your personal and professional life. Taking proactive steps and seeking legal counsel are essential in managing the long-term effects of a DWI conviction.