How to Get a DWI Sealed in Texas: Learn The Process

Fortunately, Texas law allows you to seal some DWI charges off public view, allowing you to move forward with your future without your past catching up to you. Sealing your DWI means in this case, you file for an Order of Nondisclosure — if you qualify, this means that the record won’t be visible to most people or entities who perform background checks. Now let’s look into the requirements, steps, and everything you need to know on how to get a DWI sealed in Texas.

Do You Need Help Sealing Your Record? Our Texas criminal defense lawyer in McAllen is here to help you seal your DWI record if that's what you want. If you qualify for an Order of Nondisclosure, contact The Law Office or Rolando Cantu today to discuss your case.

Understanding DWI Convictions and Records

If you are charged with DWI in Texas, a conviction can be quite harmful to you self and your relationships. Whether you plan to go to trial or plea, or whether you were on your way home from the hospital after a sprain to get your driver’s license penalized, it’s important to understand what a DWI conviction means to you, and what happens to DWI records.

Understanding the Basics of Sealing a DWI Conviction in Texas

Having a DWI on your record can go on for your whole life as a part of your criminal record, refusing you on getting a job, or housing. But expungement generally does wipe the record clean, and most people charged with a DWI won’t be eligible for that. The more attainable route for eligible first-time offenders is to seal a DWI through an Order of Nondisclosure. This law means the record stays hidden from the public to prevent the record from being used during something like an ordinary background check by a private employer or organization.


But sealing a DWI won't hide the record from everyone. The sealed record still allows law enforcement, government agencies, and licensing boards to access. Before you go down to nondisclosure, understand this distinction.

Eligibility Requirements for Sealing a DWI in Texas

Not every DWI charge can be sealed. Texas law outlines specific criteria that must be met to qualify for an Order of Nondisclosure. Below are the main eligibility factors:

1. First-Time Offense: The DWI must be your first conviction.
2. No Serious Circumstances: Cases involving a blood alcohol concentration (BAC) of 0.15 or higher, accidents, or injuries are disqualified.
3. Completion of Sentence: You must have fulfilled all court-ordered requirements, including probation, community service, or confinement.
4. Deferred Adjudication: If you completed deferred adjudication, you might be eligible for an order of non-disclosure after meeting the legal waiting periods and other criteria.
5. No Additional Charges: You shouldn’t have any subsequent criminal charges after completing your sentence.
6. Waiting Period: Depending on your circumstances, you may need to wait two to five years before filing.

Related: I Crashed My Car And Got a DUI- What's Next?

The Process of Sealing a DWI in Texas

Here’s a step-by-step guide to how to get a DWI sealed in Texas:


The Texas Government Code outlines the legal framework allowing individuals to obtain an order of non-disclosure after completing a deferred adjudication for a first-offense DWI.

Step 1: Verify Your Eligibility

Begin by reviewing your criminal history and case details. Unfortunately, not all criminal DWI convictions can be sealed (or non-disclosed) in Texas. Ensure you meet all the qualifications mentioned above. If you’re unsure, consult a criminal lawyer to analyze your situation and provide clarity.

Step 2: File a Petition

Submit a Petition for Nondisclosure to the appropriate court. The petition should include detailed information about your DWI case, including:

• Your personal details (name, date of birth, etc.)
  
• The date and location of the arrest for the DWI offense
  
• The case number and court information

A Texas district attorney or prosecutor may challenge your petition during this stage. Be prepared to address any disputes..

Step 3: Attend the Hearing

Once your petition is filed, the court will schedule a hearing. During the hearing, a judge will review your petition and determine whether to grant the Order of Nondisclosure. Having an experienced attorney present your case can improve your chances of success. An attorney with a background as a law enforcement officer can provide valuable insights and aggressive legal strategies, potentially leading to more favorable outcomes.

Step 4: Implement the Order

If the judge approves your petition, the Order of Nondisclosure will be issued. This order instructs government agencies to seal your DWI record from public access, which is crucial for managing your records in Texas.

How Long Is the Waiting Period to Seal a DWI?

The timeline for sealing a DWI varies, but the process generally takes three to six months after filing the petition. Delays can occur due to court schedules or additional document requests.

There’s also a mandatory waiting period before you can file:

• Two years: If you maintained an ignition interlock device (IID) for six months as part of your sentence.
  
• Five years: If an IID was not required.

Sealing a DWI record is different from getting a DWI expunged. Expungement involves a legal process where the DWI arrest record is completely removed, often requiring a no bill from the grand jury and the filing of a petition by a lawyer.

The Texas DWI Second Chance Law and Deferred Adjudication

In 2017, the Texas legislature passed the DWI Second Chance Law, allowing first-time misdemeanor DWI offenders to seal their records under specific conditions. This law is retroactive, meaning convictions before 2017 may also qualify. However, it’s important to note that offenses involving a BAC of 0.15 or higher, accidents, or injuries are excluded.

Expungement vs. Nondisclosure: What’s the Difference?

When it comes to clearing your record, people often confuse expungement with nondisclosure. Here’s a quick comparison:

• Expungement: Completely removes the record, making it inaccessible to anyone, including government entities.
• Nondisclosure: Seals the record from public view but remains visible to law enforcement and certain agencies.

Expungement is only available under very specific circumstances, such as acquittals or pardons, whereas nondisclosure is more accessible to first-time DWI offenders who meet the criteria.

You might be interested: Are Traffic Tickets Civil or Criminal?

Challenges and Limitations of Sealing a DWI

While sealing a DWI record can provide significant relief, there are limitations:

• Not All Offenses Qualify: Repeat offenders and those with severe cases are excluded.
  
• Government Access: Certain agencies, like the FBI or state licensing boards, can still view sealed records.
  
• No Guarantees: Even if you meet all criteria, the court ultimately decides whether to approve your petition.
  
• Felony DWI: Individuals convicted of a felony DWI in Texas are ineligible for an order of non-disclosure, unlike those with a first-offense DWI who may pursue this relief after completing deferred adjudication. This highlights the legal challenges faced by individuals with more serious DWI charges.

The Benefits of Sealing a DWI on Your Criminal Record

Sealing your DWI record can open doors to new opportunities:

• Improved Employment Prospects: If this is a first DWI conviction, most employers will not see a sealed DWI on background checks.
  
• Housing Opportunities: Landlords screen tenants all the time, and a sealed record can mean a lot.
  
• Peace of Mind: Having an open dream drifts us from our past.

Final Thoughts: Take Control of Your Future

Sealing your record is the way to go if you’re dealing with the long-term consequences of a criminal record. The process, though not easy, is so worthwhile. That’s important if you were convicted of a motor vehicle accident that involved another person.

Contact The Law Office of Rolando Cantu for expert guidance on how to have your Texas DWI sealed. Rolando Cantu is an experienced McAllen criminal lawyer who has assisted many of his clients move forward with confidence. Today, schedule a consultation and get moving on a brighter future.