Yes – a DWI (Driving While Intoxicated) will show up on a background check in Texas. DWI is a criminal offense in Texas, and it will remain on your record unless you get it expunged or sealed.
In this article, the experienced Texas DWI lawyers of Trey Porter Law comprehensively explain the nuance of DWI background checks and Texas DWI laws, review key authorities on the topic, and explain how to get a DWI off your record.
7 THINGS TO KNOW ABOUT DWI AND BACKGROUND CHECKS IN TEXAS
- A first-time DWI is a Class A or B criminal misdemeanor in Texas depending on a person’s blood alcohol concentration (BAC).
- A DWI will appear on a background check even while it’s pending in court.
- A DWI charge will show up on background checks even after the case is closed.
- DWI can negatively affect employment, resulting in suspension and termination, while limiting future opportunities.
- DWI results in higher insurance premiums and permanent restrictions on international travel.
- Under Texas law, DWI charges can be sealed or removed from a person’s record through an order of expunction or nondisclosure.
- Retaining the best Texas DWI lawyer is your best chance at getting a DWI off your record.
WHAT CAN BE DONE TO REMOVE A DWI FROM A BACKGROUND CHECK?
- Expungement: Chapter 55 of the Texas Code of Criminal Procedure says you can get a DWI deleted from your record if the case was dismissed and you meet all the qualifications. Read our Texas Expungement Guide to find out what crimes can be expunged in Texas.
- Record Sealing: You can seal a DWI if you meet certain criteria, such as completing deferred adjudication probation without a conviction. We answer all questions about sealing DWI charges in Texas here.
- Nondisclosure: You can get an Order of Nondisclosure to seal a DWI conviction.
Let the experts do the hard work. At Trey Porter Law, our experienced attorneys handle DWI and expungement cases throughout Texas. If you have a DWI on your record, contact us to explore options for deleting or sealing it. And if you’ve been charged with a DWI, reach out to us to discuss preventing it from becoming a permanent mark on your record. Our award-winning team has successfully resolved thousands of DWI cases across Texas, and we’re ready to win for you today.
DOES A DWI ALWAYS SHOW UP ON A BACKGROUND CHECK IN TEXAS?
Yes. A DWI in Texas will appear on a criminal background check whether the case resulted in a conviction or was dismissed. DWI charges never automatically disappear in Texas — no matter how old.
Many people mistakenly believe that a DWI falls off a record after seven years, but this is a myth. In Texas, a DWI remains on your record permanently unless it is expunged or sealed. This can create serious challenges when applying for jobs, securing housing, or passing professional background checks.
Under Texas Penal Code Section 49.04, DWI is a serious criminal offense, but legal options exist to remove or seal certain DWI records. Understanding Texas expungement laws and nondisclosure eligibility is critical to protecting your future.
HOW LONG DOES A DWI STAY ON A RECORD IN TEXAS?
Yes – DWI charges show up on a background check forever in Texas. If the DWI was dismissed without probation, it is eligible for deletion through Expunction. DWI convictions can now be sealed in certain circumstances with an Order of Nondisclosure.
DWI charges are entered into a person’s record where they remain unless they are removed, according to the Texas Department of Public Safety’s Crime Record’s Division.
BACKGROUND CHECKS IN TEXAS
Criminal arrests and dispositions show up on background checks in Texas, including Texas background checks, Texas criminal background checks, and Texas employment background checks. Misdemeanor and felony charges, even if dismissed, remain on a person’s record permanently and will appear on all background checks in Texas unless sealed or expunged.
These records are maintained as required by the Texas Department of Public Safety’s Computerized Criminal History System (CCH). However, under Texas background check laws, expunged offenses will not appear on a Texas criminal background check, ensuring certain records remain hidden from public view. Read our complete guide to what crimes can be expunged in Texas.
- Do warrants show up on background checks? Yes, active warrants show up on background checks. Active warrants can be identified through simple identification checks at airports or customs, as well as by police officers checking a driver’s license during a routine traffic stop.
- Do pending charges show up on background checks? Yes, pending criminal charges will show up on background checks. While this can be problematic, it is important to remember a pending criminal charge on a background check is not the same thing as a permanent criminal conviction.
WILL AN OUT OF STATE DUI SHOW UP ON BACKGROUND CHECK?
Out of state misdemeanor charges show up on some, but not all, background checks. Out of state charges can, and always will, be used as enhancements for new charges in Texas. This is pursuant to the Texas DWI Enhancement Law of Texas Penal Code Section 49.09.
- Does out of state DWI count as first in Texas? Most states have similar laws concerning intoxication offenses. So, while there are exceptions, most out of state convictions will be used to enhance a Texas charge. This is most common with DWI, DWI second offense, and DWI third or more (felony DWI). These enhancements are also established in the Texas DWI Enhancement Law.
- Will a DUI fail a background check for a gun in Texas? Misdemeanor DUI and DWI charges will not prevent a person from gun ownership in Texas. A pending criminal charge does complicate a person’s ability to lawfully carry a gun in Texas, but it does not infringe on the constitutional right of ownership.
Felony charges affect a person’s right to keep and bear arms.
These Texas gun laws are set forth by the Texas Department of Public Safety’s Gun Laws and Regulations.
THE IMPACT OF DWI CHARGES ON EMPLOYMENT IN TEXAS
A Texas DWI charge can severely impact employment prospects, leading to job loss, hiring difficulties, and career setbacks. This is especially true for positions of trust, where employers conduct background checks and may view a DWI as a sign of poor judgment and reliability.
For example, Texas physicians risk losing their medical license if the Texas Medical Board deems a DWI a sign of substance abuse, as outlined by the Texas Physician Health Program. This is but one facet in our list of DWI Consequences for Doctors in Texas.
Similarly, Texas pilots face potential dismissal under Federal Aviation Administration regulations due to DWI-related concerns about substance addiction.
The consequences extend beyond healthcare and aviation—nurses, teachers, active-duty military personnel, real estate agents, and financial professionals all face career-threatening repercussions from a DWI conviction in Texas. Licensing boards, employers, and regulatory agencies in these professions routinely conduct background checks, and a DWI can jeopardize professional standing, certifications, and job opportunities.
Even in careers not involving driving, a DWI conviction can create significant hurdles due to strict company policies and employer concerns about liability. A University of California study found that 75% of employers would not consider applicants with a criminal record, as reported by NBC News.
WILL A MISDEMEANOR AFFECT EMPLOYMENT?
Misdemeanor charges can have a negative impact on employment opportunities. A pending misdemeanor charge indicates possible recent criminal activity, while an older misdemeanor charge will likely be reviewed for the type of conduct alleged: drugs or alcohol, violence, theft, etc.
Many misdemeanor charges, even convictions, are eligible to be deleted or sealed in Texas.
- Does a misdemeanor show up on a background check? Yes, misdemeanor charges stay on a person’s record forever in Texas. Misdemeanor charges do not “fall off” after a certain number of years. A misdemeanor charge, even if it was eventually dismissed in court, will remain forever.
FIRST OFFENSE DWI AND EMPLOYMENT IN TEXAS
Misdemeanor charges stay on a criminal record forever. They can, however, be removed through the Expunction process or sealed through an Order of Nondisclosure. It is important to take advantage of nondisclosures and Expunctions. Employers will almost always select the candidate with no criminal history.
- Will a DUI show up after 10 years in Texas? Yes. Misdemeanor convictions stay on a criminal record forever in Texas, but in certain circumstances the arrest record and conviction can be sealed.
- Will DWI show up on a background check if not convicted? DWI will show up on a background check even if the charges were dismissed. Many employers and businesses do not understand the difference between a charge and final conviction. This is why it’s critical to delete and seal every possible thing on your record.
REMOVING A DWI FROM YOUR RECORD IN TEXAS: EXPUNGEMENT AND SEALING OPTIONS
Drunk Driving can lead to severe Texas DWI penalties. However, a Texas DWI charge is not always a permanent stain on your record as options exist to protect your future.
Texas DWI Defendants should carefully consider the following Expunction and nondisclosure eligibility factors as they prepare and execute their Texas DUI defense.
HOW TO GET DWI OFF RECORD IN TEXAS?
There are two legal options for removing a DWI from the record under Texas law:
- Expungement: Expungement is a powerful legal tool that deletes all records of your Texas DWI case and allows you to deny the charge. Expungement eligibility is governed by the Texas Expungement Law in Chapter 55 and Chapter 55A of the Texas Code of Criminal Procedure and can be used to delete DWI charges if:
- The charge was dismissed without probation; or
- The charge was resolved through pretrial diversion or pretrial intervention, or Texas specialty court program, like a Veteran’s Treatment Court; or
- The charge was reduced and resolved by Deferred Disposition; or
- The defendant was acquitted or pardoned; or
- No charge was filed and the Statute of Limitation expired.
- Nondisclosure: A Petition for Nondisclosure seals the public record of qualifying DWI charges in Texas. A DWI case that has been sealed by a Nondisclosure Order will not appear in public background checks, but is still visible to law enforcement and certain government agencies.
DWI charges that are resolved by Deferred Adjudication are generally eligible for a Nondisclosure Order. Additionally, certain first-time DWI convictions are also eligible for record sealing under the Texas DWI Second Chance Law if they have no aggravating factors like a high Blood Alcohol Content (BAC) or an accident involving injury to another individual.
These qualifications for sealing criminal records are listed in the Texas Nondisclosure Law of the Texas Government Code Chapter 411.
PROTECT YOUR FUTURE: DWI BACKGROUND CHECKS
A DWI charge in Texas can have lasting consequences, affecting employment opportunities, housing, and professional licensing. DWI charges always appear on background checks in Texas, including Texas background checks, Texas criminal background checks, and Texas employment background checks – unless sealed or expunged.
Misdemeanor and felony charges, even if dismissed, remain on a person’s record indefinitely. Texas background check laws dictate that unless removed through expungement or nondisclosure, pursuant to Texas law, these records can impact job searches, housing applications, and professional licensing forever.
If you’ve been arrested for DWI, now is the time to take action. The Texas DWI attorneys at Trey Porter Law have 40+ years of combined experience and a proven track record of winning tough DWI cases and successfully expunging DWI records.
Get the high-powered, dynamic defense you deserve. Contact us today for a free, confidential consultation.
