How to Clear a DUI Record in Texas: What You Need to Know

Getting a DUI on your record in Texas isn’t just a short-term headache—it can follow you for years. It might show up in background checks, derail job applications, increase your insurance premiums, and even impact where you live. But here’s the thing many people don’t realize: under the right circumstances, it is possible to clean up your criminal history. If you’re looking to leave that mistake behind, understanding the steps to clear a DUI record in Texas can open doors to a better future.

This article walks you through exactly how to do that. We’ll break it down in plain English, walk you through real-world stories, and share what legal tools are available in Texas for giving yourself a clean slate. By the end, you’ll have a clearer picture of how to clear a DUI record in Texas, when you can do it, and what obstacles you might face along the way.

Why a DUI Record Matters More Than You Think

It’s Not Just a Court Date—It’s a Permanent Mark

A DUI conviction doesn’t quietly fade into the past after you pay your fine or finish probation. In Texas, a DUI (or more commonly, a DWI) becomes part of your permanent criminal record. That means it’s accessible to:

  • Employers
  • Apartment complexes
  • Licensing boards
  • Immigration officials
  • Banks and lenders

Having that red flag next to your name can cost you opportunities you didn’t even know you had. So if you’re wondering whether it’s worth exploring the steps to clear a DUI record in Texas, the answer is absolutely yes—especially if you’re serious about moving forward.

Real-Life Example: Marcus’s Second Chance

Marcus, a 32-year-old from Fort Worth, had a DWI on his record from when he was 22. It was a one-time mistake after a college party. A decade later, despite his degree and job experience, he kept getting passed over for promotions in the financial sector.

With the help of an attorney, Marcus applied for an order of nondisclosure—a process that sealed his record from most employers. Within six months, he got a job offer at a firm that previously rejected him. That’s how powerful it can be to understand and follow the steps to clear a DUI record in Texas.

Can You Expunge a DUI in Texas?

Expungement vs. Nondisclosure: Know the Difference

Before diving into the process, it’s important to understand the two main legal tools available to clean up a criminal record in Texas:

  • Expunction: Completely erases the charge from your record, as if it never happened.
  • Nondisclosure: Seals the record from public view (but not all government agencies).

Unfortunately, most DUI convictions cannot be expunged in Texas unless:

  • The case was dismissed
  • You were found not guilty
  • You were arrested but never charged
  • You successfully completed deferred adjudication (for certain types of non-DUI charges)

That means if you pled guilty or were convicted of a DUI, expunction is likely off the table. But that doesn’t mean all hope is lost. You may still qualify for an order of nondisclosure, and that’s where the steps to clear a DUI record in Texas come into play.

Step 1: Determine If You Qualify for Nondisclosure

Not Everyone Can Apply—Here’s the Checklist

An order of nondisclosure can hide your DUI conviction from most employers and public background checks. However, not everyone qualifies.

You may be eligible if:

  • It was your first offense
  • Your BAC was below 0.15%
  • You did not have a crash involving another person
  • You completed your sentence, probation, and any required programs
  • You haven’t been convicted of any other crimes since the DUI

Some DUIs—especially those involving children, serious injuries, or high BAC—are not eligible for nondisclosure.

So the very first step is to review your case with a qualified attorney. A professional can quickly tell you whether the door to clearing your record is open or locked.

Step 2: Wait the Required Time Period

Patience Is Part of the Process

Even if you qualify, Texas law requires a waiting period before you can apply for nondisclosure. The length depends on the outcome of your case:

  • 2 years if you completed deferred adjudication probation for a DUI reduced to another offense
  • 5 years after completing straight probation or jail sentence for a first-time DWI

During this time, you must stay out of legal trouble. Any new conviction or even a major traffic violation can reset the clock or disqualify you altogether.

The waiting period might feel like a setback, but it’s also a chance to build a stronger case for why you deserve a clean slate.

Step 3: File the Petition for Nondisclosure

The Paperwork That Starts It All

Once you’re eligible, the next step is filing a Petition for Nondisclosure in the court where your case was originally heard. The process includes:

  • Filling out detailed legal forms
  • Paying a filing fee (typically between $250–$350)
  • Submitting documentation about your sentence and completion
  • Notifying relevant agencies and the district attorney’s office

Although you can technically do this on your own, many people choose to hire an attorney. One error on the paperwork can delay or derail the entire process.

When discussing the steps to clear a DUI record in Texas, filing the petition correctly is one of the most crucial pieces.

Step 4: Attend the Hearing (If Required)

What to Expect in Front of the Judge

In some cases, a judge may schedule a hearing to review your petition. While this isn’t always necessary—especially for non-contested filings—be prepared to show:

  • Proof you’ve completed all sentence requirements
  • Evidence you’ve remained crime-free
  • Reasons why nondisclosure serves justice and public interest

The judge may ask questions or request additional documentation. If everything checks out, the judge will sign the order, and your record will be sealed from most public view.

That courtroom moment can feel like the final piece of the puzzle in the steps to clear a DUI record in Texas.

Step 5: Confirm the Order Was Processed

Don’t Assume It’s Done—Follow Up

Once the judge signs the order, it doesn’t automatically update every record overnight. The court will send the order to relevant agencies, including:

  • The Texas Department of Public Safety (DPS)
  • Local police departments
  • Prosecutor’s office
  • Background check companies (eventually)

Follow up within 30 to 60 days to make sure the record has been updated. Inaccurate or outdated data can continue to haunt you unless the nondisclosure is fully implemented.

This final follow-up step is often overlooked, but it’s key to clearing a DUI record in Texas with complete confidence.

How a Sealed DUI Record Affects Your Life

What Changes—And What Doesn’t

Once your DUI record is sealed through nondisclosure agreement, you can legally answer “No” to questions about criminal convictions on most job, housing, and loan applications.

This can help you:

  • Land better jobs
  • Qualify for professional licenses
  • Pass apartment background checks
  • Rebuild your personal reputation

However, your record will still be visible to:

  • Law enforcement agencies
  • State licensing boards
  • Some government employers
  • Immigration officials

That means while nondisclosure offers a powerful shield, it’s not total invisibility. Still, it’s one of the most impactful steps to clear a DUI record in Texas and reclaim your life.

Real-Life Example: A Clean Slate and a Fresh Start

Maya, a teacher in San Antonio, had a first-time DUI after a bachelorette party went sideways. Although no one was hurt and her BAC was 0.09%, she worried the charge would cost her job.

She completed probation and waited the required five years. Then, with an attorney’s help, she filed for nondisclosure. Three months later, her record was sealed. She went on to earn a promotion and eventually became an assistant principal.

Maya’s story is a powerful reminder that the steps to clear a DUI record in Texas are more than legal moves—they’re real opportunities for redemption.

What If You’re Not Eligible?

Other Paths Forward

Not everyone qualifies for nondisclosure or expungement. If you’re not eligible right now, don’t give up. You can still:

  • Petition for a pardon (rare, but possible)
  • Wait longer to see if future legal changes apply to your case
  • Seek legislative reform through advocacy groups
  • Request a case review by a criminal defense attorney

Sometimes, a denial today simply means you need to revisit the case down the road. The key is to stay informed and persistent.

Final Thoughts on How to Clear a DUI Record in Texas: What You Need to Know

A DUI doesn’t have to define the rest of your life. Yes, it’s a serious charge with long-term consequences, but under the right conditions, Texas law gives you a second chance. Whether it’s expungement or an order of nondisclosure, taking the steps to clear a DUI record in Texas can change the course of your future.

It starts with knowing your options. Then it moves to doing the work—completing your sentence, waiting the required time, and filing the right documents. With the right help, your past can stop being a barrier and start becoming part of your growth story.

If you’re ready to take that step, talk to a qualified attorney and start the process. Because clearing your DUI record in Texas isn’t just about paperwork—it’s about taking control of your life again.

At the Law Office of Bryan Fagan, our team of licensed attorneys collectively boasts an impressive 100+ years of combined experience in Family Law, Criminal Law, and Estate Planning. This extensive expertise has been cultivated over decades of dedicated legal practice, allowing us to offer our clients a deep well of knowledge and a nuanced understanding of the intricacies within these domains.