How Long Does a DWI Stay on Your Record in Texas?

A DWI arrest in Texas creates lasting consequences that extend far beyond court dates and fines. Whether you're worried about future employment, insurance rates, or background checks, knowing exactly how long a DWI stays on your record is important for planning your future and getting your life back on schedule. 

So, how long does a DWI stay on your record? Many people assume that after a few years, a DWI simply disappears from their record. Unfortunately, that's not how Texas law works. A DWI conviction stays on your criminal record permanently unless you take specific legal action to remove it. Meanwhile, your driving record, insurance rates, and background checks all operate on different timelines. It gets pretty complicated, but we’re going to go through one-by-one and explain how long you can expect a DWI to be discoverable. 

If you’ve yet to be convicted, the best thing you can do for your future is hire an attorney to protect your life. If your charge has yet to turn into a conviction, there’s still hope of keeping your record clean. 

Whether you need a DWI lawyer in Houston, a Conroe DWI lawyer, or a Bryan DWI lawyer, working with an experienced local attorney early in the process gives you the best chance of minimizing long-term consequences. If you need a DWI lawyer in Texas, call Turnbull Legal Group today at (832) 314-3232 or schedule a consultation online to begin protecting your future. 

How long does a DWI stay on your driving record in Texas?

Your Texas driving record is maintained by the Department of Public Safety (DPS) and tracks traffic violations, license suspensions, and DWI-related offenses. This record is separate from your criminal record and follows different retention rules.

The permanent nature of a DWI on your driving record is one reason why fighting your charges is so important. Even a first offense DWI conviction can follow you forever, which is why you should do everything in your power to hire an experienced attorney to defend you.

How long does a DWI stay on your background check in Texas?

Criminal background checks are one of the most common ways a DWI can affect your life in the long run, particularly when it comes to employment, housing, and professional licensing. While there isn’t much you can do to avoid them, knowing what shows up on different types of background checks helps you prepare.

There is one exception to this rule: the DWI second chance law (Texas House Bill 3016), which allows first-time DWI offenders who complete deferred adjudication to petition for an order of non-disclosure. This law, which took effect in 2017, doesn't erase your record entirely, but it does seal it from most background checks after you meet strict eligibility requirements.

How long does a DWI stay on your record for employment?

Employment is one of the areas where a DWI record has the most significant and lasting impact. Employers across virtually every industry conduct background checks, and a DWI conviction can affect your job prospects for the rest of your life.

For most employment purposes, a DWI conviction will appear on background checks indefinitely. While the 7-year rule means a DWI arrest would fall off after 7 years for some positions, jobs paying $75,000 or more have no time restrictions — and while this gives you some relief for DWI arrests, DWI convictions are always forever. 

How long does a DWI conviction affect your insurance in Texas?

Insurance companies treat DWI convictions as high-risk indicators, which often means dramatically increased premiums that can last for years. 

The insurance consequences of a second DWI in Texas are even more severe than a first offense, with some insurance companies refusing to provide coverage at all, forcing you into high-risk insurance pools with astronomical premiums.

What is the 7-year rule in Texas?

While many people believe that the "7-year rule" dictates that their DWI will automatically disappear from background checks after seven years, this is unfortunately not true under Texas drinking and driving laws. 

The 7-year rule is a provision in the federal Fair Credit Reporting Act (FCRA) that limits how far back certain background check companies can report criminal information for employment purposes, but with significant exceptions and limitations.

What the 7-year rule actually means:

• The FCRA allows background check companies to report arrests, civil suits, tax liens, and other adverse information for only seven years, with the following exceptions…
  • For positions paying $75,000 or more annually, there is no time limit
  • Criminal convictions can always be reported, regardless of age (the 7-year limit applies to arrests, not convictions)
  • Certain industries (healthcare, finance, law enforcement) have no restrictions
  • Direct checks of public court records are not subject to FCRA limitations

In practice, this means that a DWI conviction in Texas will almost always appear on background checks, regardless of the 7-year rule. The only way to truly remove a DWI from background checks is through processes like expunction or orders of non-disclosure.

Can you get a DWI off your record in Texas? 

Yes, but it depends entirely on whether you were convicted and what type of disposition your case received. Texas law provides two primary ways for removing criminal records: expunction and orders of non-disclosure.

Expunction completely erases all records of an arrest or charge, as if it never happened. DWI expunctions are extremely limited in Texas. You can only expunge a DWI if:

• You were arrested but never charged
• You were charged but the case was dismissed
• You were acquitted at trial
• You completed a pretrial diversion program (in very limited circumstances)

You cannot expunge a DWI conviction in Texas, no matter how much time has passed. This is why fighting your charges from the beginning is so important — once you're convicted, you’re almost entirely out of options.

Orders of non-disclosure (also called record sealing) provide an alternative for some cases. A non-disclosure order doesn't erase your record, but it prevents most employers and landlords from seeing it. First-time DWI convictions are occasionally eligible for non-disclosure under HB 3016, but repeat offenders don’t have that option.

Given these limited options, preventing a conviction in the first place is almost always your best bet. This means hiring a skilled attorney who can challenge the traffic stop, question the validity of the evidence, dispute blood or breath test results, and request an ALR hearing to fight your license suspension separately from your criminal case — before it’s too late. Every day after your arrest is a day that the prosecution strengthens their case; do yourself a favor and start building yours. 

The difference between DWI charges and DWI convictions

The difference between being charged with a DWI and convicted for a DWI is night and day, as are their consequences. 

• A DWI charge is the formal accusation that you committed the offense of driving while intoxicated. An arrest and charge create a record, but they do not constitute proof of guilt. You are presumed innocent until proven guilty.
• A DWI conviction occurs when you either plead guilty, plead no contest, or are found guilty at trial. A conviction means you now have a permanent criminal record that cannot be expunged in Texas.

Why this distinction matters:

This is why aggressive defense from the moment of arrest is so important. Every step of the process — from challenging the initial traffic stop to questioning the reliability of breath or blood tests — is an opportunity to avoid conviction. If you get your charges reduced, dismissed, or win at trial, you preserve your eligibility for expunction and can avoid the permanent stigma of a DWI conviction.

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