DWI Expungement & Record Sealing in San Antonio: Clearing Your Criminal Record and Reclaiming Your Future

A DWI conviction or arrest in Texas creates a permanent, public criminal record that follows you for life. This record is accessible to potential employers, landlords, licensing boards, and financial institutions, creating an invisible barrier to opportunity long after your court case has ended. In San Antonio and across Bexar County, the collateral consequences of a DWI—denied job offers, rejected housing applications, lost professional licenses, and social stigma—can feel like a life sentence of its own.

At Barton & Associates, we believe your past mistake should not define your future. Our experienced San Antonio criminal defense attorneys specialize in DWI expungement and record sealing under Texas law. We help clients move beyond their DWI by navigating the complex legal pathways to either completely destroy records of an arrest or seal them from public view. If you have completed your sentence, stayed out of trouble, and are ready to rebuild your life without the shadow of a DWI, we are here to guide you through every step of this critical legal process.

Understanding Your Options: Expunction vs. Order of Nondisclosure in Texas

Texas law provides two primary remedies for managing your criminal record: expunction (expungement) and an order of nondisclosure (record sealing). They are profoundly different in their effect and eligibility requirements.

What is a DWI Expunction (Expungement)?

An expunction is the most powerful remedy available. It is a court order that commands all law enforcement agencies, courts, and other governmental bodies to destroy the physical records and files related to a specific arrest. Once an expunction is granted:

• The arrest and case are treated as if they never occurred.
• You are legally entitled to deny the arrest ever happened on any application (for employment, housing, loans, etc.).
• The records are erased from most government databases.

However, Texas expunction law is extremely narrow. For DWI cases, obtaining a full expunction is rare and typically only possible in specific scenarios, such as when charges were never filed, were dismissed without probation, or you were found “actually innocent.”

What is an Order of Nondisclosure for a DWI?

An order of nondisclosure is a more commonly attainable remedy for DWI convictions. It is a court order that seals your criminal record from public view. While government agencies (like law enforcement and certain licensing boards) may retain access, the general public cannot see it.

• For Employers & Landlords: When a standard background check is run, the sealed DWI will not appear. You can legally state you have not been convicted of a crime (with specific exceptions for certain government applications).
• It is Not an Erasure: The underlying record still exists but is hidden. It is sometimes called “sealing” the record.

The eligibility rules for a nondisclosure are strict and depend heavily on the specific details of your DWI case, particularly whether you were placed on community supervision (probation) or served a jail sentence.

Critical Eligibility Pathways for DWI Record Sealing in Texas

Navigating eligibility is the most complex part of the process. The 2017 Texas law that expanded nondisclosure options for DWI created multiple pathways with specific waiting periods.

Eligibility After DWI Probation (Community Supervision)

If you received probation (community supervision) for a first-time DWI (Class B misdemeanor) and successfully completed all terms, you may be eligible for a nondisclosure.

• Standard Waiting Period: You must wait until the probationary period has expired. There is no additional waiting period after probation ends.
• Key Requirement: You cannot have been convicted of any other offense (other than a fine-only traffic ticket) during your probation. A violation can destroy your eligibility.

Eligibility After a DWI Conviction and Jail Sentence

If you were convicted and served jail time (without probation) for a first-time DWI, a nondisclosure may still be possible.

• Mandatory Waiting Period: You must wait five (5) years from the date you completed your sentence, including any fines and court costs.

Automatic vs. Petition-Based Nondisclosure

• Petition-Based Nondisclosure: Most DWI nondisclosures require you to file a formal petition with the court, and the state (the District Attorney’s office) has the right to contest it. Our attorneys prepare a compelling legal argument to secure the judge’s approval.
• “Automatic” Nondisclosure: In some very limited cases for first-time offenders who received probation and met all conditions, the process is streamlined. However, even “automatic” orders require proper filing and court action—nothing happens without initiating the legal process.

Who is NOT Eligible for DWI Record Sealing?

Understanding the disqualifiers is just as important. You are likely NOT eligible for a DWI nondisclosure if your case involved:

• Any Prior Criminal Conviction (not including traffic tickets).
• Certain Enhanced DWI Charges:
  • A BAC of 0.15 or higher.
  • An accident involving another person.
  • Having a child passenger under 15 years old.
  • A DWI that was a second or subsequent offense.
• Convictions for Intoxication Assault or Intoxication Manslaughter (these are never eligible for sealing).
• Failure to Complete Sentence: Any unpaid fines, uncompleted community service, or unmet terms of probation.

The High Stakes: Why Clearing Your DWI Record Matters in San Antonio

A public DWI record is an active impediment to your life. Sealing it through a nondisclosure provides tangible, life-changing benefits:

• Employment Opportunities: Most private employers use background checks. A sealed record removes the primary reason for application rejection, allowing you to compete fairly for better jobs, promotions, and career changes.
• Professional Licensing: Careers in nursing, teaching, real estate, law, finance, and healthcare require state licenses. A sealed record can be the difference between approval and denial from licensing boards.
• Housing Applications: Landlords routinely screen tenants. A clean background check dramatically increases your chances of securing an apartment or rental home.
• Higher Education: Applications for graduate programs, certain undergraduate degrees, and federal financial aid can be negatively impacted by a criminal record.
• Personal Dignity & Peace of Mind: The constant anxiety of when your record will be discovered is eliminated. You regain the privacy and fresh start you deserve.

Our Comprehensive Process for DWI Expungement & Record Sealing in Bexar County

At Barton & Associates, we manage the entire complex process for you, ensuring no step is missed and every deadline is met.

Phase 1: In-Depth Case Evaluation & Eligibility Determination

We start with a confidential review of your entire criminal history. We will obtain your official criminal history report from the Texas DPS and the court records from your DWI case. We analyze every detail—the final disposition, your sentence, completion proof, and subsequent criminal history—to conclusively determine if you qualify for expunction or nondisclosure and under which specific legal pathway.

Phase 2: Meticulous Document Preparation & Petition Filing

This is where precision is paramount. We draft all required legal documents, including the verified petition, proposed court order, and any necessary supporting affidavits. We gather and attach certified copies of documents proving your eligibility, such as:

• Final DWI court judgment and sentence.
• Documents proving completion of probation (Order of Discharge).
• Proof all fines, fees, and court costs are paid in full.
• Your official DPS criminal history report.

We then file the complete petition with the appropriate Bexar County court—often the same court where your DWI case was finalized.

Phase 3: Navigating the Legal Proceedings

• Service on the State: We formally serve the Bexar County District Attorney’s office, giving them a legal right to respond.
• Court Hearings: While many nondisclosure petitions are granted without a hearing, we prepare as if one will occur. If a hearing is scheduled, we will represent you, presenting a compelling argument to the judge on why the law supports granting your petition.
• Obtaining the Signed Order: Once the judge grants the petition, we ensure a signed, certified copy of the Order of Nondisclosure or Expunction is entered with the court clerk.

Phase 4: Ensuring Full Implementation Across All Agencies

The court order is not self-executing. Our job is not done until we ensure every agency updates its records. We send the certified order to:

• The Texas Department of Public Safety (DPS) to seal/expunge the central state criminal database.
• The Bexar County Sheriff’s Office and the arresting police agency (e.g., SAPD).
• The FBI (for nondisclosures, we request they restrict access to their national database).

We follow up to confirm compliance, giving you peace of mind that the process is complete.

The Barton & Associates Advantage in Record Clearing

• DWI-Specific Expertise: Record sealing law is highly technical. Our focus on DWI defense means we have deep, specific knowledge of the eligibility nuances for DWI cases that general practitioners may miss.
• Bexar County Courtroom Experience: We know the local judges, court clerks, and procedures in San Antonio and surrounding counties. This local insight is invaluable for navigating the system efficiently.
• Meticulous Attention to Detail: One missed document, one unpaid fee, or one incorrect date can lead to a denial. We are thorough and systematic, leaving nothing to chance.
• Compassionate, Client-Centered Approach: We understand the stress and hope involved in this process. We provide clear communication, realistic expectations, and dedicated support from start to finish.

Common Questions About DWI Expungement & Record Sealing

Q: How long does the entire process take?
A: From filing to final agency compliance, it typically takes 6 to 12 months. The court’s docket and agency processing times can vary.

Q: Can I seal a DWI from another state?
A: No. A Texas court order only affects Texas records. You must seek relief in the state where the conviction occurred.

Q: Will a nondisclosure hide my record from everyone?
A: No. Certain government entities, including law enforcement, prosecuting attorneys, and agencies licensing occupations like law and medicine, may still access sealed records.

Q: How much does it cost?
A: Costs include court filing fees, DPS fingerprinting fees, and attorney fees. We provide a clear, upfront cost structure after evaluating your case.

Take the First Step Toward a Clean Slate Today

If you have completed the requirements of your DWI sentence and have remained law-abiding, you have already done the hard work. Now is the time to reap the legal benefit of that effort. Don’t let an old mistake continue to hold you back.

Contact Barton & Associates today for a confidential, free case evaluation. Our San Antonio, Austin and Corpus Christi, Texas expungement attorneys will review your history, clearly explain your options and outline the precise path forward to clear your name.

Complete our online Free Consultation form or call our office directly at 210-500-0000. Your future, free from the burden of a public DWI record, starts with one phone call.

Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000