How Long Does a Texas DWI Stay on Your Record in 2026?

 In Texas, a DWI conviction can have long-lasting consequences. Whether you’re dealing with an active DWI charge or have already been convicted, understanding how long a Texas DWI remains on your record is essential for planning your future. In this guide, we’ll explore the duration of a DWI on your criminal record, its impact, and potential options for mitigation in 2026.

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Understanding the Impact of a DWI on Your Record in Texas How Long Does a Texas DWI Stay on Your Record in 2026?

A Driving While Intoxicated (DWI) conviction in Texas can significantly affect your life for many years. In 2026, the laws surrounding DWIs in Texas remain clear: a conviction stays on your criminal record for life. This fact can have far-reaching consequences, affecting everything from your ability to secure employment to the cost of your car insurance. However, it is important to understand that while the conviction remains permanent, the actual legal and financial repercussions can lessen over time as certain aspects of the conviction fade from your immediate record. For most individuals who are convicted of a DWI, the experience will be a challenging one. The penalties involved in a DWI charge can include fines, license suspension, mandatory alcohol education programs, and, in severe cases, jail time. Understanding how long the conviction stays on your record, what that means for your life, and whether you have options to mitigate the impact of this conviction can make a significant difference in your future prospects.

How Long Does a DWI Stay on Your Criminal Record?

In Texas, a DWI conviction remains on your criminal record for life. This means that the conviction is not easily erased or expunged and will be visible in criminal background checks conducted by potential employers, landlords, and other entities that may require a criminal history check. It is essential to understand that while the criminal conviction stays permanently, it does not necessarily mean that every aspect of the conviction will haunt you indefinitely.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Kevin Sheneberger

Criminal Trial Division

Texas Attorney Omar Sherif

Omar Sherif

Criminal Trial Division

Jada Fairley

Associate Attorney

James Lee Bright

Of Counsel

The Duration of a DWI on Your Driving Record

In addition to being a permanent part of your criminal record, a DWI conviction also stays on your driving record for a set period. Texas law dictates that DWI convictions will remain on your driving record for 3 years from the date of conviction. During this period, the offense may impact your driving privileges, including the possibility of a suspended driver’s license or higher insurance premiums. If you are arrested and charged with a DWI in Texas, the Texas Department of Public Safety (DPS) will update your driving record. This record will include details of the arrest, the outcome of your case, and whether any further penalties such as a driver’s license suspension are imposed. Even if you complete the terms of your sentence and maintain a clean driving record afterward, the DWI will continue to appear on your record for the next 3 years.

Effects of a DWI on Insurance Rates

One of the most immediate and long-lasting impacts of a DWI conviction is the increase in your car insurance premiums. Texas law requires insurance companies to consider a variety of factors when calculating your rates, and a DWI conviction can significantly raise your premiums.
  • Insurance premiums: A DWI conviction can raise your auto insurance rates by up to 300% in some cases. If you are convicted, your insurer will view you as a high-risk driver, and they will likely increase your rates to cover that perceived risk. This increase can last for several years, making your monthly premiums significantly higher than they were before the conviction.
  • SR-22 requirement: In Texas, individuals convicted of a DWI are often required to carry SR-22 insurance. This form of insurance is specifically for high-risk drivers, and it may be required for up to 2 years following your conviction. SR-22 insurance is generally more expensive than regular auto insurance, and you will need to maintain this coverage for the duration of the mandated period.

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Can You Remove a DWI from Your Record in Texas?

While a DWI conviction is permanent, there are certain legal options available that might help mitigate the long-term effects of having a DWI on your record.

Expungement: Is it Possible to Remove a DWI from Your Record?

Expungement is the process of legally erasing a criminal conviction from your record. Unfortunately, in Texas, you cannot expunge a DWI conviction unless certain conditions are met. In order to be eligible for expungement in Texas, one of the following conditions must apply:
  • The case was dismissed: If your case was dismissed before trial or after completing a diversion program, you may be eligible for expungement.
  • You were acquitted: If you were found not guilty after trial, you may seek expungement.
  • No conviction: If you were convicted but never served any jail time and completed a deferred adjudication program successfully, you may qualify for expungement.
If your DWI conviction does not meet these criteria, expungement may not be an option.

Nondisclosure: Sealing Your DWI Conviction

While expungement might not be possible for everyone, Texas law does allow for nondisclosure of certain criminal records, including DWIs. When you receive an order of nondisclosure, your criminal record is not erased, but it is sealed from the public eye. This means that the conviction will not show up in most background checks, although certain agencies like law enforcement may still have access to it. If you were convicted of a DWI but were placed on deferred adjudication probation (a form of probation that doesn’t involve a formal conviction), you might be eligible to apply for nondisclosure after successfully completing the terms of your probation. Nondisclosure offers a way for individuals to move forward without the stigma of a public conviction affecting their daily lives.

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The Legal Process of Seeking Expungement or Nondisclosure

If you’re considering expungement or nondisclosure for a Texas DWI conviction, it’s important to consult with an experienced criminal defense attorney. These legal processes can be complex and time-consuming, but a qualified lawyer can help you navigate the requirements and ensure that all necessary steps are completed. Your lawyer will assess your case to determine whether you qualify for either process and help you submit the appropriate petitions to the court.

What Happens After 2026? The Future of DWI Record Expungement in Texas

As we look ahead to 2026 and beyond, Texas may continue to revise its laws regarding DWI convictions, expungement, and nondisclosure. The state has occasionally introduced new measures to ease the consequences of a DWI conviction, but no major changes are currently on the horizon for 2026. However, it’s important to stay informed about changes to the law that may affect your record or your ability to move on from a conviction. Additionally, Texas continues to evolve in its handling of DUI and DWI offenses. Advocates for criminal justice reform have pushed for more leniency in sentencing and the possibility for easier record clearing in certain cases. While changes to DWI expungement laws are not guaranteed, it’s worth keeping an eye on proposed legislation that might improve opportunities for those convicted of DWI offenses in the future.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Managing the Long-Term Impact of a Texas DWI

In summary, a DWI conviction in Texas will stay on your criminal record permanently. While the effects on your criminal and driving record may diminish over time, it’s crucial to understand the long-term impact a DWI can have on your future opportunities, including employment and insurance. The conviction will also remain on your driving record for a period of 3 years, which can affect your ability to drive and increase your insurance premiums. While expungement may not be an option for most individuals convicted of a DWI, you may be eligible for nondisclosure if you completed deferred adjudication. If you have already been convicted, consulting with a skilled attorney can help you understand your options for reducing the impact of your DWI on your record. If you are facing a DWI charge or have already been convicted and are looking to explore your options for expungement or nondisclosure, reach out to Deandra Grant Law. Our experienced legal team can guide you through the process and help you secure the best possible outcome for your case.

To learn more about this subject click here: What’s the Difference Between a DUI and a DWI