How do you seal a DWI charge in Texas? 

How do you seal a DWI charge in Texas? 

A DWI conviction in Texas can be sealed by filing a petition for an Order of Nondisclosure. There are a number of qualifying factors, however, if a judge grants an Order of Nondisclosure, the DWI charge will no longer appear on a person’s criminal history record, and government entities are restricted from disclosing information about the DWI charge to the public.

  • How long does a DWI stay on your record in Texas?Unless expunged or sealed, a DWI charge will remain on the record forever in Texas. The circumstances of the incident, a person’s criminal history, and the details of the disposition will dictate expunction or nondisclosure eligibility. Learn more.
  • Can you seal a Felony DUI in Texas?Felony convictions in Texas are not eligible for Orders of Nondisclosure. A felony DWI conviction in Texas is permanent. If you were charged with a felony DWI in Texas, and the case was dismissed, you may be eligible to delete the record through expunction. Learn more.
  • How do you get a sealed DWI in Texas?A first-time DWI conviction may be sealed in Texas through an Order of Nondisclosure if the charge was a true first offense, and the defendant successfully completed court-ordered community supervision or confinement.Disqualifying factors include: a blood alcohol concentration (BAC) of .15 or higher, an accident involving another person (this includes a passenger), and being charged with a subsequent offense after the DWI probation or confinement ended.

How do you get rid of a DWI in Texas? 

It is important to avoid a DWI conviction at all costs. If you already have a DWI on your record, you may be eligible to seal it through an Order of Nondisclosure, or delete it altogether through an expunction. The first step is determining eligibility. Start here.

  • What is the Texas DWI Second Chance Law?House Bill 3016, also known as the Texas DWI Second Chance Law, was enacted in June 2017. This legislation paved the way for first-time DWI offenders to seal their charges through an Order of Nondisclosure. The law is retroactive, meaning that older convictions that predate the laws passage are eligible.
  • What is a DWI pardon in Texas?A pardon is a rare form of clemency. People with a final conviction seeking DWI forgiveness in Texas may petition the Texas Board of Pardons and Paroles for a pardon. The Governor has the authority to grant clemency upon written recommendation of the Board. Clemency includes full pardons after conviction or successful completion of a term of deferred adjudication community supervision. Learn more.

Can a DWI be dismissed in Texas?

DWI charges are dismissed across Texas every day. When a DWI charge is dismissed the record of the incident remains. It is critical to take the extra step of deleting the record through an expunction. In instances where the DWI was not dismissed, the charge cannot be removed, but can be sealed in certain circumstances through an Order of Nondisclosure.

  • How do you remove a DWI from your record in Texas?A DWI expunction deletes the entire incident from the record. An expunction is a court order that requires all law enforcement agencies and government entities to delete and destroy existing records pertaining to the arrest, charge, and prosecution. Learn more.A DWI order of nondisclosure seals the incident. The order prevents government agencies from disclosing information about the incident to the general public.


Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal 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.


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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.


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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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