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People ask this question hoping for a number — seven years, ten years. Brian Foley gives the real answer in this video, and it is shorter than the question.

Criminal record — permanent

A DWI conviction is entered in the DPS Computerized Criminal History system and in the county's records, and it stays there. It does not expire, age out, or become invisible on background checks. Unlike some states, Texas has no automatic clearing of old misdemeanors.

Enhancement — no look-back

Before 2005, a DWI more than ten years old could not be used to enhance a new charge. The Legislature removed that limit. Today a DWI from 1998 makes a 2025 DWI a second offense (Class A, 30-day minimum), and two priors of any age make it a third-degree felony. See enhanced penalties for DWI.

Driving record — permanent

DPS maintains the conviction on your driver record indefinitely. Insurers see it for as long as they choose to look — typically three to five years for surcharges — and commercial driving employers see it forever.

Employment and licensing

A DWI is not a crime of moral turpitude, but it is a conviction, and it appears on every private background check. Professional licensing boards — nursing, medicine, law, teaching, real estate, CDL — require disclosure and may impose discipline. See our page on DWI and professional licensure.

The one exception — nondisclosure

Since 2017, a first DWI conviction (BAC under 0.15, no crash, no other convictions) can be sealed by an order of nondisclosure after two years with six months of interlock, or five years without. Sealing hides the record from private background checks. It does not remove it from DPS, does not hide it from prosecutors or licensing agencies, and does not prevent its use for enhancement. See getting a DWI off your record.

The takeaway

The only DWI that does not stay on your record forever is the one that never becomes a conviction. That is why the case is fought. Call or text (713) 703-1718 for a free consultation with our Houston DWI attorneys.

Frequently Asked Questions


Does a DWI fall off your record after a certain number of years in Texas?
No. A DWI conviction in Texas is permanent. It remains on your criminal history indefinitely unless sealed under the first-DWI nondisclosure statute, and even then it remains visible to law enforcement and counts as a prior.
Is there a look-back period for DWI enhancement in Texas?
No. Texas eliminated the ten-year look-back in 2005. A prior DWI conviction from any year is used to enhance a new DWI to a second offense (Class A) or a third offense (felony).
How long does a DWI affect car insurance in Texas?
Insurers typically surcharge for three to five years after a DWI conviction, and some carriers decline to renew. The conviction itself stays on the driving record DPS maintains permanently.

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