Following an arrest for driving while intoxicated (DWI), the chief concern for most individuals apart from how they will get bailed out of jail, is what repercussions the arrest and possible conviction may have on their life. Many offenders end up taking responsibility for their momentary lapse of judgement. However, almost all believe one indiscretion should not carry prolonged hardship for what could otherwise be a productive and law abiding life.

Unfortunately, for most offenses, including DWI, an arrest could result in the defendant carrying a criminal record for the rest of his or her life.

In Texas, defendants may only have their criminal records expunged in certain situations and DWI is typically not one of them.


In Texas, arrests that do not result in convictions can be expunged from an individual’s record and save him or her a lifetime of possible hardship. For this reason, it is important to have an experienced Kingwood Texas DWI attorney to help fight DWI charges and maintain a clean criminal record.

Other ways to keep a DWI conviction of one’s criminal record include having the DWI charge dismissed and instead being tried for a lower class misdemeanor. This option, while possible, can often be a long-shot as prosecutors and judges do not usually go soft on DWI suspects as the prosecuting the crime is a matter of public safety.


Some individuals convicted of criminal acts have the opportunity to have their conviction sealed so that employers and others looking into a person’s background cannot gain knowledge of the charge. This is called an order of nondisclosure and can happen after the defendant completes a deferred adjudication program.

A deferred adjudication program is an opportunity for the offender to go through counseling and other programs to rehabilitate the defendant. Offenses eligible for deferred adjudication include some misdemeanors and felonies. Unfortunately, DWI convictions and arrests are not eligible for nondisclosure orders.

While not ideal, a defendant may plead guilty to a lesser charge, complete a deferred adjudication program and have the record of conviction for the lesser charge sealed from the public but keep the arrest for DWI on their record. The reason the DWI arrest would stay on the defendant’s record is because he or she utilized the deferred adjudication program for the lesser charge and not the DWI. It may be difficult to explain to potential employers but having a record for only and arrest is much better than having one for a conviction.


If you are facing trial for DWI, contact The Law Office of Andrew J. Williams who can help you understand your legal options and try to work with prosecutors to keep a mistake from becoming a permanent blemish on your record. The Law Office of Andrew J. Williams serves clients in Kingwood, Texas and throughout Harris County, Montgomery County, Liberty County, and San Jacinto County.

Andrew WilliamsAuthor: Andrew Williams

I am a criminal defense lawyer with over 30 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.

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