Will DWI show up on a background check in Texas?

Will DWI show up on a background check in Texas

Will DWI show up on a background check in Texas?

Yes — DWI charges show up on a background check forever in Texas. If the DWI was dismissed without probation, it is eligible for deletion through expunction. DWI convictions can now be sealed in certain circumstances with an order of nondisclosure. Learn more. 

  • Does a misdemeanor show up on a background check? Misdemeanor charges stay on a person’s record forever in Texas. Misdemeanor charges do not “fall off” after a certain number of years. A misdemeanor charge, even if it was eventually dismissed in court, will remain forever.In certain circumstances, old charges can be deleted or sealed. Learn more.
  • Will a DUI fail a background check for a gun in Texas? Misdemeanor DUI and DWI charges will not prevent a person from gun ownership in Texas. A pending criminal charge does complicate a person’s ability to lawfully carry a gun in Texas, but it does not infringe on the constitutional right of ownership.Felony charges can affect a person’s right to keep and bear arms. Learn more.

First-offense DWI and employment in Texas

Misdemeanor charges stay on a criminal record forever. They can, however, be removed through the expunction process or sealed through an order of nondisclosure. It is important to take advantage of nondisclosures and expunctions. Employers will almost always select the candidate with no criminal history.

  • Will a DUI show up after 10 years in Texas? Yes. Misdemeanor convictions stay on a criminal record forever in Texas, but in certain circumstances the arrest record and conviction can be sealed. Learn more.
  • Will DWI show up on a background check if not convicted?DWI will show up on a background check even if the charges were dismissed. Many employers and businesses do not understand the difference between a charge and final conviction. This is why it’s critical to delete and seal every possible thing on your record.

Will an out of state DUI show up on a background check?

Out of state misdemeanor charges show up on some, but not all, background checks. Out of state charges can, and always will, be used as enhancements for new charges in Texas.

  • Does out of state DWI count as first in Texas? Most states have similar laws concerning intoxication offenses. So, while there are exceptions, most out of state convictions will be used to enhance a Texas charge. This is most common with DWI, DWI second offense, and DWI third or more (felony DWI).


Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!


I recently hired Trey Porter Law to help our teenage daughter with a drug charge. In the state of Texas she was being charged as an adult which carried a much stiffer penalty. Trey is very responsive, helpful, knowledgeable and is always available to answer any questions or concerns via phone, text or email. He was able to negotiate on her behalf so it was a pleasant experience. I would highly recommend Trey Porter Law.


Trey really helped me out. He was straight forward and professional, and really helped me in my case. I thought i was going to lose my job, but trey did everything in his power to help me keep my way of life, and still keeps up with me any details on my case.

I really appreciated all he did for me.


Trey is a phenomenal attorney that gets the job done right! He is dedicated to help his clients.

He made himself available and answered all my concerns immediately! I had faith in him and he continued to prove his expertise by helping me. I highly recommend Trey Porter!!


Trey Porter fought for me! I am a nurse and thought my career was over.

Very thankful I got Trey Porter involved. He responds to messages regularly and was very thorough.

He saved my career. Forever grateful!


Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.

He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.


Read More Reviews





Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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