 Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |
Texas DWI Orders of Non-Disclosure let you seal your criminal records after a DWI conviction, minimizing its long-term effects on your life. This law, effective September 1, 2017, applies retroactively, meaning past convictions are eligible. To qualify, your blood alcohol content must be below 0.15, and you need to have completed your probation. You’ll also face waiting periods of two to five years depending on the specific conditions of your case. By sealing your records, you improve job prospects, housing opportunities, and protect professional licenses. See our guide to DWI expungement in Texas if you’re not sure which remedy — sealing or full expungement — applies to your situation.
Overview of DWI Orders of Non-Disclosure
If you’ve been convicted of a DWI in Texas, you may find relief in the state’s Orders of Non-Disclosure, which allow for the sealing of your criminal record. Effective September 1, 2017, this law applies retroactively, enabling thousands of Texans to petition for non-disclosure, even for convictions and probation sentences prior to this date.
The primary purpose is to seal your criminal history related to the DWI, preventing public disclosure of your arrest and prosecution — this allows you to deny the arrest in most situations, aiding your ability to move forward without the burden of a public record. A successful petition can also help mitigate the insurance consequences that often follow a DWI conviction. A court order is required, and it’s at the judge’s discretion to grant it in the interest of justice. Eligibility criteria for non-disclosure include having a Class B misdemeanor DWI conviction with successful completion of community supervision.
Eligibility Criteria for Non-Disclosure
To qualify for a DWI Order of Non-Disclosure in Texas, specific eligibility criteria must be met.
Your blood alcohol content (BAC) must be less than 0.15, and the offense must not have involved a motor vehicle accident with another person. If you completed probation, all terms, fines, and restitution must be fulfilled. For those without probation, the entire sentence must be served.
You must also have no prior convictions or deferred adjudications, except for minor traffic offenses. The applicable waiting period must pass — two years if you used an ignition interlock device for at least six months, or five years otherwise. Finally, all fees must be paid, and the judge must find that non-disclosure serves the interests of justice. It’s worth understanding your SR-22 insurance requirements as well, since these run on a separate timeline from your non-disclosure eligibility and don’t get affected by a successful petition.
Retroactive Application of the Law
Although the law became effective on September 1, 2017, its retroactive application means individuals with DWI convictions prior to this date can still seek non-disclosure. This provision allows you to petition regardless of when your conviction occurred, with no specific cut-off date — an opportunity for those with past DWI convictions, previously ineligible for relief, to have their cases reconsidered.
To benefit, you’ll need to file a petition with the court demonstrating that non-disclosure serves the interests of justice. If your license was suspended as part of your original DWI case, you’ll also need proof of financial responsibility — an SR-22 filing — to show you’re currently compliant, separate from the non-disclosure petition itself.
Waiting Period Requirements
Understanding the waiting period requirements is essential for anyone seeking a non-disclosure order after a DWI conviction.
If your probation included an ignition interlock device for at least six months, you’ll face a two-year waiting period. Without that device, the waiting period extends to five years. For those with deferred adjudication completed after September 1, 2019, a two-year waiting period applies, provided there were no accidents or prior convictions. If you served jail time without probation, you also have a two-year wait, assuming no accidents occurred.
Compliance with all terms of community supervision and payment of fines and restitution matters throughout — each scenario requires careful review to confirm eligibility.
Effects of a Non-Disclosure Order
When you obtain a non-disclosure order following a DWI conviction, the effects can significantly change your professional and personal life.
Primarily, this order prevents public bodies from disclosing your criminal record, keeping it inaccessible to most employers and the general public. You’re not required to disclose the DWI conviction on most job applications, improving your employment prospects. The sealed record can also help you maintain or acquire professional licenses that might otherwise be jeopardized. While law enforcement can still access the information, the order significantly improves your public record and quality of life going forward.
Exceptions and Limitations
While obtaining a non-disclosure order can significantly improve your situation, several exceptions could prevent your eligibility:
- Prohibited Offenses: If your DWI involved offenses requiring sex offender registration or aggravated kidnapping, you’re ineligible.
- Class of Misdemeanor: If your conviction was a Class A misdemeanor or higher, you won’t qualify for non-disclosure.
- BAC Level: A blood alcohol concentration of 0.15 or higher disqualifies you from obtaining an order.
Process for Obtaining Non-Disclosure
To obtain a non-disclosure order for a DWI conviction in Texas, first verify your conviction is a Class B misdemeanor DWI, with a BAC under 0.15 and no accidents involved. Complete all terms of probation or jail time, including fines and an ignition interlock device requirement if applicable for at least six months.
Then observe the mandatory waiting period — two years if an ignition interlock device was required, or five years otherwise. Afterward, file a petition with the court, where a judge will determine if granting non-disclosure serves the interests of justice. Consulting an attorney can help navigate this process effectively.
Conclusion
Texas DWI Orders of Non-Disclosure offer a real path to sealing your criminal record and reducing the long-term impact of a DWI conviction on your life. Understanding eligibility, the applicable waiting period, and what the order does and doesn’t do makes the difference between a smooth petition and a wasted one — and knowing whether full expungement might apply instead is worth checking before you file.
| Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |