Clearing Your Record
Clearing a DWI From Your Record in Texas
Expunction destroys a record. Nondisclosure only seals it. They are different remedies with different requirements, and most people asking about one actually qualify for the other.
The single most important thing to understand is this: a dismissal by itself usually does not make a case expungeable. The reason for the dismissal has to be on a statutory list.
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Expunction and nondisclosure are not the same thing
People use the words interchangeably and they are not interchangeable. The statute's word is expunction, not expungement, and the difference between it and nondisclosure is the difference between a record being destroyed and a record being hidden from most viewers.
The two remedies compared
| Expunction | Order of nondisclosure | |
|---|---|---|
| What it does | Destroys the record | Seals it from public view |
| Who can still see it | Nobody | Law enforcement and licensing agencies |
| Where it lives | Code of Criminal Procedure chapter 55A | Government Code chapter 411, subchapter E-1 |
| Typical DWI route | Acquittal, or a listed dismissal reason | A conviction or deferred, after a waiting period |
Chapter 55A took effect on January 1, 2025. If a page cites article 55.01, it is quoting a provision that has been recodified, which is a reasonable signal about how current the rest of that page is.
The routes that actually lead to expunction
There are four, and for DWI cases the third is where nearly all the real opportunity sits.
Acquittal
A verdict of not guilty. Article 55A.002. The cleanest route and the rarest, because most cases do not reach a verdict.
Non-presentment
Where charges were never presented to a grand jury or filed. Article 55A.052 sets waiting tiers of 180 days, one year or three years depending on the offense level.
A dismissal for a listed reason
Article 55A.053(a)(2). Not any dismissal, only one for a reason the statute names. This is the route that matters most in DWI practice.
Limitations expiring
Article 55A.054. Where the limitations period runs out without a charge proceeding, which is the fallback for dismissals that are not on the list.
Which dismissals qualify, and which do not
This is the point where most published guidance goes wrong, and it matters enormously to anyone whose case was dropped.
Article 55A.053(a)(2) lists the qualifying reasons. A dismissal counts where it followed:
- completion of a pretrial intervention program under Government Code section 76.011
- veterans treatment court
- mental health court
- a mistake, false information, or an absence of probable cause
- a void charging instrument
A dismissal for any other reason generally does not qualify. It waits out the limitations period under article 55A.054 instead, which is a much slower path to the same place.
That is why county diversion programs matter so much here. Where a county runs a section 76.011 program, completing it produces exactly the kind of dismissal the statute lists. Travis County operates one, and it carries no program fee.
A dismissal changes the disposition of the criminal case, but it does not by itself direct agencies to remove the arrest and court records. That requires a separate petition and a signed expunction order under Code of Criminal Procedure chapter 55A. The order identifies the records and agencies it covers and directs how those records must be handled. Confirming that each agency with a responsive record is included is therefore part of the process; a qualifying dismissal creates a route to relief, not automatic removal.
Criminal, DPS, and private records are separate
A DWI conviction does not automatically disappear after seven or ten years, and the criminal court record, the DPS driving and ALR records, and private background data do not all change under one rule. Restoring a driving privilege does not seal the criminal case, and resolving the criminal record does not by itself remove a separate DPS license action.
The obstructing-highway reduction guide explains why a negotiated reduction is not a dismissal and why record relief depends on the actual disposition.
If you were convicted
A conviction that stands cannot be expunged. It is important to state that carefully rather than absolutely, because there are two genuine exceptions: a pardon, and actual innocence relief under articles 55A.003 and 55A.004. Both are vanishingly rare in DWI practice, and neither is something to plan around.
For a first DWI conviction that stands, the realistic remedy is an order of nondisclosure rather than expunction. That seals the record from public view without destroying it.
A second or subsequent DWI is never sealable. There is no nondisclosure route for it and no expunction route for a standing conviction, which is one of the more consequential differences between a first offense and everything after it.
Quick eligibility read
Acquitted? Expunction.
Dismissed after a diversion program? Likely expunction.
Dismissed for another reason? Usually a wait for limitations.
Convicted, first offense? Nondisclosure, not expunction.
Convicted, second or later? Neither.
Related pages
Expunction questions
Is it expunction or expungement?
The Texas statute uses expunction. Expungement is the term used in many other states and in national content, and seeing it is a reasonable sign that a page was not written for Texas.
My case was dismissed. Can I expunge it?
Only if the dismissal was for a reason listed in article 55A.053(a)(2), such as completing a section 76.011 pretrial intervention program, a mistake, false information, or an absence of probable cause. A dismissal for another reason generally has to wait out the limitations period instead.
Can a DWI conviction be expunged?
Not while it stands. The narrow exceptions are a pardon or actual innocence relief, which are extremely rare in DWI cases. For a first conviction the realistic remedy is nondisclosure.
What is the difference between expunction and sealing?
Expunction destroys the record. An order of nondisclosure seals it from public view, but law enforcement and licensing agencies can still see it.
Does diversion lead to expunction?
Where the program is authorized under Government Code section 76.011, yes. Completing it produces a dismissal that article 55A.053(a)(2)(C) makes expunction eligible. That is what makes those programs worth asking about early.