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What Is a DWI Nondisclosure in Texas?

A DWI nondisclosure in Texas lets you keep a first-offense misdemeanor drunk-driving conviction off public records while still allowing law enforcement and prosecutors to see it. In practical terms your employer, landlord, neighbors and online background-check services will not find that conviction, giving you a fresh start once you have completed your sentence and satisfied the waiting period.

How Does a DWI Nondisclosure Differ from an Expunction?

An expunction erases a record entirely but is very hard to get in Texas for a DWI. A nondisclosure is easier to qualify for and essentially seals your record to public view. Courts and police still keep their files intact, but routine background checks will turn up no DWI conviction. That means your past mistake will not follow you into job applications, housing searches or professional licensing inquiries.

Who Qualifies for a DWI Nondisclosure in Texas?

Not every DWI case is eligible. To be eligible you must:

  1. Have a first-time misdemeanor DWI conviction. Any prior DWI makes you ineligible.
  2. Record a blood alcohol level under 0.15. Higher levels require other remedies.
  3. Avoid any accident, boating or flying-while-intoxicated charges. Those are separate offenses and cannot be sealed here.
  4. Complete your entire sentence. That includes jail time, community supervision or probation.
  5. Pay all fines and court costs. Make sure nothing is outstanding.
  6. Install an ignition interlock device if ordered. Devices must stay in place for the full term.

If you meet each requirement, you can move on to the waiting period and petition process.

What Is the Waiting Period and How Do You File?

You cannot petition immediately after your sentence ends. The waiting period depends on two factors:

  • 180 days if you complied with an ignition interlock device order and did not serve any jail time
  • 365 days if you served jail time or skipped the interlock device

Once the waiting period expires, you file a nondisclosure petition in the court that handled your case. The petition includes:

  • A sworn statement confirming eligibility
  • Proof of sentence completion and device installation
  • A proposed order to seal your record

The prosecutor then has 45 days to review and object. If no objection is filed, the judge has authority to grant your petition. Once granted, your conviction is effectively hidden from most public records.

Benefits of a DWI Nondisclosure

  1. Employment opportunities: Hiring managers and background-check firms will not see your DWI.
  2. Housing applications: Landlords and online rental services will not flag your record.
  3. Professional licensing: Many boards rely on public criminal databases. A sealed record removes that barrier.
  4. Peace of mind: You can put this mistake behind you without repeating your history every time you apply for something new.

Common Questions About DWI Nondisclosure

Can the public ever see my conviction again?
Once sealed it no longer appears in routine checks. Only courts, law enforcement and certain licensing boards can access the file.

What if the prosecutor objects?
If there is a valid objection, you and your attorney can ask the judge to hold a hearing and present evidence of your rehabilitation and eligibility.

Will a nondisclosure erase online news articles?
No. Media outlets and archived newspaper sites may still carry news reports. Nondisclosure only affects government and background-check databases.

Why You Need an Attorney

Filing a nondisclosure petition is not a simple form you drop at the clerk’s office.  A skilled DWI lawyer
(see our First Offense DWI Defense page) will:

  • Confirm eligibility: We verify every requirement down to the last device installation date.
  • Gather proof: We secure certified court documents, device certificates and fine receipts.
  • Draft a watertight petition: Proper legal language and formatting reduce the chance of administrative error.
  • Handle objections: If the prosecutor contests your petition, we argue on your behalf and highlight your compliance.
  • Guide you through any hearing: We present testimony, case law and personal evidence to persuade the judge.

With an experienced attorney by your side you maximize the odds of sealing your record without delay. The full rules governing DWI nondisclosure appear in Texas Code of Criminal Procedure Chapter 55 § 55.02.

For more information on DWI nondisclosure in Texas, call the Law Office of Jim Renforth today at (817) 877-0401 for a personalized case evaluation.

The content provided on this website is for informational purposes only and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this website contains general information and may not reflect current legal developments, verdicts, or settlements. The Law Office of Jim Renforth expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site.

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