Criminal Defense Attorneys in Texas

Yes, a DWI will go on your record if you are convicted or receive probation, including a deferred adjudication. However, if you are charged with a class B DWI (first offense, BAC lower than .15), or your case is reduced to a class B misdemeanor DWI, you may be eligible to have the record of your DWI arrest, probation, or conviction publicly sealed. This is called an “order of non-disclosure.” If a judge orders a non-disclosure in your DWI case, the arrest, charge, and sentence (probation or conviction) will be sealed from public view. This means that the public, including private employers, should not be able to see information regarding your DWI if they run a background check. However, state licensing agencies (many occupations, both professional and vocational, require state licensed) will always have access to the record of your DWI and you are required to disclose the arrest, charge, and sentence if you are applying for a license. In addition, prosecuting agencies and law enforcement will have access to your record as well.

You can apply for an order of non-disclosure two years after you successfully complete your probation. If you were convicted and received any jail sentence, you must wait five years before you can apply for an order of non-disclosure.

You will not be eligible for an order of non-disclosure if the circumstances of your DWI included an accident.

Finally, there are very limited ways a DWI can be completely erased from your record, known as an expunction. Some jurisdictions in Texas have pre-trial diversion programs for DWI (usually first offense with a BAC lower than .15). If you are offered a pre-trial diversion and successfully complete the conditions of the program, you can apply for an expunction to have the DWI wiped off your record. If you take your DWI case to trial and are acquitted, you can also have your record expunged.