Clearing a DUI From Your Record in Texas

Some DWI convictions can get an order of nondisclosure. A person convicted of DWI (Penal Code § 49.04), other than the elevated offense under § 49.04(d), with no prior record other than fine-only traffic offenses, may petition after completing the sentence. The wait is three years if the person used an ignition interlock for at least six months as a sentence condition, and five years otherwise. The order is denied if the prosecutor shows the offense caused a collision involving another person. Separate provisions cover DWI and BWI deferred adjudication and community supervision.

Expunction: file a verified ex parte petition in district court in the county of the arrest or offense. For fine-only offenses, file in justice court or a municipal court of record. The petition must include identifying information and must list the agencies that hold records. The court sets a hearing at least 30 days after filing and notifies each listed agency. Nondisclosure: file a petition with the court that placed the person on deferred adjudication or imposed the sentence. It can be filed in person, electronically, or by mail, using model forms from the Office of Court Administration. The court notifies the State, and a hearing is required unless the State does not request one within 45 days and the court finds the person eligible and the order in the best interest of justice.