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

Attorney Trey Porter
Trey Porter

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

How-long-does-a-DWI-stay-on-your-record-in-Texas

A DWI charge stays on the record forever. If the charge was dismissed without probation, it is eligible for removal and deletion through expunction. If the charge resulted in a conviction, it may be eligible to be sealed  through an order of nondisclosure.

  • Can you get a DWI off your record in Texas? DWI charges that were dismissed without probation can be expunged  and deleted. DWI charges that were dismissed after probation can, in limited circumstances, be sealed. DWI convictions can also be sealed in limited circumstances.
  • Can you get a DUI off your record in Texas? DUI charges stay on your record forever if you don’t take action. DUI charges can be removed from a criminal record in Texas. DUI is different from DWI. Only minors under 21 years of age can be charged with DUI in Texas. First-time offenders have a number of ways to avoid a permanent, final conviction.

HOW LONG DOES A MISDEMEANOR STAY ON YOUR RECORD IN TEXAS?

Misdemeanor charges linger on a criminal record forever. They can, however, be removed through the expunction process or sealed through an order of nondisclosure

  • Do misdemeanors go away after 7 years? No, misdemeanor convictions stay on a criminal record forever  in Texas. In certain circumstances the arrest record and conviction can be sealed.
  • Does your criminal record clear after 7 years? Criminal records do not “clear” after 7 years. This is a common misconception. In Texas, misdemeanor and felony convictions remain in the record forever, and misdemeanor and felony charges remain on the record unless expunged or sealed. 

HOW LONG DOES IT TAKE A DWI TO COME OFF YOUR RECORD IN TEXAS?

The Statute of Limitations for DWI in Texas is 2 years. If eligible, a petition for expunction may be filed immediately once the statute has run. 

  • How long does it take to get a record expunged? It can take a number of months for a court to schedule a hearing after an expunction has been filed. In Texas, it’s typically a 6 month process.
  • How much does it cost to expunge your DWI in Texas? Courts vary, and costs vary from county to county, but expunctions typically cost a few thousand dollars in Texas.

HOW LONG DOES IT TAKE FOR A DUI TO COME OFF YOUR RECORD IN TEXAS?

The Statute of Limitations for DUI (Driving Under the Influence) in Texas is 2 years, the same as with DWI (Driving While Intoxicated). However, Texas Law allows a DUI expungement after only 180 days because DUI is a class C misdemeanor crime.  If eligible, a petition for expunction may be filed immediately once this waiting period expires. Pursuant to the code of criminal procedure, expungement in Texas is a nuanced criminal law theory so eligibility questions should be directed to a knowledgeable and experienced criminal defense attorney and law firm.

  • How long does a DUI stay on your record for employment? A DUI stays permanently on a person’s criminal record for employment purposes unless it is expunged. Employers in Texas often review the entirety of an employment candidate’s criminal background as opposed to just those cases within the previous few years. This means even very old criminal charges, DWI, and DUI cases may appear on an employment-based background check. The only way to clear a DUI record is by expungement in Texas.

HOW LONG DOES A DWI STAY ON YOUR INSURANCE IN TEXAS?

DWI convictions can affect a motorist’s automobile insurance rates for several years in Texas. Ultimate car insurance policy ramifications will naturally vary across insurance companies and providers.

  • How long does it take to get a DWI expunged in Texas? It can take 3 to 6 months for a DWI expungement to process and for a DWI to be fully expunged in Texas. This delay is typically a result of busy court dockets and administrative processing times in law enforcement agencies like the Texas Department of Public Safety.
  • What is the lookback period for a DWI in Texas? There are no limitations on the lookback period for a DWI in Texas. This means a criminal background check in Texas will reveal DWI cases older than 30 years. This also means even really old DWI convictions can be used for enhancement purposes and lead to a felony imprisonment sentence. DWI crime resulting in trial acquittal and dismissal will also appear on a background check, which can be detrimental to obtaining a driver’s license and vehicle insurance, for example. The only way to remove a DWI charge is by expungement in Texas.

BEST LAWYERS FOR EXPUNGEMENT IN TEXAS

Trey Porter Law is a top-rated Texas law firm representing individuals facing Criminal & DWI charges across the Lone Star state. Committed to uncompromising results, TPL leverages 40+ years of combined experience, professional relationships, and dynamic, high-powered advocacy to get the best result for every client, every time. TPL’s experience is the foundation for its hard-earned reputation of getting big wins in the toughest cases.

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Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.

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