DUI Expungement in Texas: Your 2025 Guide

A DUI on your record can impact you long after court dates and fines are behind you. It can affect job opportunities, housing applications, and even college admissions. In Texas, some individuals may qualify for relief through DUI expungement or record sealing. Understanding which option suits your case can make a significant difference. These legal avenues offer a chance to clear your name and move forward without letting past charges hold you back.

What Is Expungement in Texas?

Expungement means the court removes a criminal charge from your record completely. When granted, the state deletes all public records, including arrest reports and court documents. You can legally deny that the offense ever happened.

Texas allows expungement only in limited situations. For DUI charges, expungement is rare and applies only when the person:

Was arrested but never charged
Had the case dismissed
Was acquitted at trial
Received a pardon after conviction

If you were convicted of DUI, you most likely don’t qualify for expungement. But you may qualify for a different process called nondisclosure.

What Is an Order of Nondisclosure?

An order of nondisclosure seals your criminal record from public view. The record still exists, but most private employers, landlords, and background check services cannot see it. Only law enforcement and certain government agencies can access it.

This option helps people move forward after a conviction without being haunted by a public record. Texas offers this relief to some people with first-time offenses who meet strict requirements.

Can You Expunge or Seal a DUI in Texas?

The short answer depends on the outcome of your case.

You Might Qualify for Expungement If:

You were arrested but never charged
The prosecutor dropped your case
A judge or jury found you not guilty
You received a pardon for a past conviction

You Might Qualify for Nondisclosure If:

You received deferred adjudication
You completed all court-ordered terms
You waited the required waiting period
You have no disqualifying criminal history

Texas law does not allow nondisclosure for certain offenses. If your DUI involved a crash that caused serious injury or death, or if you had a high blood alcohol level, you might not qualify.

What Is Deferred Adjudication?

Deferred adjudication is a form of probation. You plead guilty or no contest, but the court doesn’t convict you. Instead, the judge defers the finding and gives you a chance to complete probation.

If you finish probation successfully, the court dismisses the charge. You avoid a conviction, and you may later qualify for an order of nondisclosure.

Not all DUI cases are eligible for deferred adjudication. In Texas, first-time DUI convictions for adults rarely get this option unless the charge is a Class C misdemeanor or involves minors.

Waiting Periods for Record Sealing

Texas law sets mandatory waiting periods before you can request a nondisclosure. The timeline depends on how your case was resolved.

For Deferred Adjudication:

Misdemeanor: 2 years after discharge and dismissal
Felony: 5 years after discharge and dismissal

For Straight Probation or Jail Time (Rare Nondisclosure Cases):

Some people convicted of DUI may qualify for nondisclosure under Texas Government Code §411.0736. This law allows nondisclosure after serving time and meeting specific conditions.

Requirements include:

No prior criminal history
Completion of any jail time and probation
2-year waiting period after sentence completion
Interlock device installed for 6 months

Steps to Request Expungement or Nondisclosure

To clean your record, follow the proper legal process. It usually involves these steps:

Check Eligibility
Review your case details or consult a lawyer to confirm if you qualify.
File a Petition
You must submit a formal petition to the court in the county where the offense happened. Include supporting documents like your final court order and proof of completion.
Serve the State
Send copies to the district attorney, Texas Department of Public Safety (DPS), and any other involved agencies.
Attend a Hearing
Some cases require a hearing. A judge reviews your petition and hears objections, if any.
Get the Order Signed
If approved, the judge signs the expungement or nondisclosure order.
Send the Order to Agencies
You or your lawyer must send the signed order to law enforcement, DPS, and any agency that holds your record.

Benefits of Clearing a DUI Record

A sealed or expunged record can change your future. Benefits include:

Better job opportunities
Lower risk of housing denial
Improved access to professional licenses
Relief from social stigma
Peace of mind when completing background checks

Many people with first-time DUI offenses feel held back by one mistake. Texas law gives them a second chance if they meet the requirements.

Common Mistakes to Avoid

Waiting Too Long

Texas limits the time you have to file for expungement in some cases. Don’t delay. Keep track of dates and eligibility windows.

Filing in the Wrong Court

You must file in the court that handled your case or where your arrest occurred. Filing in the wrong place causes delays.

Not Sending Documents to the Right Agencies

Even if the judge approves your petition, state agencies won’t act until they receive the order. Make sure you notify every agency listed in the court’s instructions.

Assuming You Don’t Qualify

Many people think they’re stuck with a record. In reality, they may be eligible for relief. Always check the most recent laws or speak with a qualified attorney.

Can You Handle It Without a Lawyer?

Texas doesn’t require a lawyer for expungement or nondisclosure. But the process involves strict rules and paperwork. Many people hire legal help to avoid mistakes and speed things up.

Legal aid organizations may help if you meet income guidelines. Some counties offer free clinics for expungement review.

Final Thoughts

DUI expungement and record sealing in Texas provide second chances for those who made a single mistake or were never convicted. While not everyone is eligible, those who are can take steps to clear their records and move forward with confidence.

Understanding the difference between expungement and nondisclosure, gathering the necessary documents, and filing with the correct court are essential steps. If you qualify, this process can reduce the burden of a criminal record and open doors to new opportunities.

Texas DUI Expungement & Record Sealing FAQsFAQs

Can sealed records be accessed by employers or landlords?

Generally, sealed records are not visible in standard background checks used by employers and landlords. However, certain government agencies and law enforcement may still have access.

What’s the difference between expungement and record sealing?

Expungement typically erases a criminal record entirely, while record sealing (nondisclosure) makes the record inaccessible to the public but doesn’t erase it.

Can a sealed record be unsealed or reopened?

In some cases, sealed records can be reopened, such as if you commit another offense in the future. However, this depends on the specific circumstances and jurisdiction.

Are there any exceptions to nondisclosure in Texas?

Yes, certain offenses, such as sex offenses and family violence crimes, are typically not eligible for nondisclosure.

Can I expunge or seal a DUI conviction if I have multiple DUIs?

Expungement and nondisclosure eligibility usually favor first-time offenders or individuals with specific misdemeanor convictions. Multiple DUIs may limit eligibility.

DUI Expungement and Record Sealing In Texas

What Is Expungement in Texas?

What Is an Order of Nondisclosure?