Question: How long will a DWI stay on my record?
Benson Varghese: If you were convicted of a DWI in Texas, it will be on your record forever. Besides a pardon, which I’ve never heard of (to be frank) on a DWI, it will always be on your record. The Texas legislature, even through this law session, has declined to allow a deferred adjudication option for DWI.
Deferred adjudication would be a way to keep a conviction off a person's record if they successfully completed their probation terms. In Texas, that’s currently not an option. Therefore, the only options to keep a DWI off of your record are either through a plea negotiation, where the state agrees to give you a lesser or different offense than you can receive deferred for, or if you go to a jury trial and you’re acquitted or, if for some reason, the state agreed to dismiss the case—and that might be because your attorney had a motion to suppress—where they were able to keep out certain key pieces of evidence and as a result the state could not move forward with their case.