Texas DWI and the Second Chance Law

A very common question for anyone with a DWI on their record is whether it will stay on their record. Similarly, many ask if there is a way to get a DWI off their record. The general answer for both questions is yes. There is a Second Chance Law for some DWI convictions. Though far from easy, the law allows for sealing of some DWIs. When a DWI is sealed, it means that it stays on your record but does not appear on some background checks. It also means that you do not have to disclose the DWI on most applications. Contact an Experienced DWI Lawyer at The Coffey Firm to discuss how to get a DWI off your record.

In Texas, a single mistake behind the wheel can leave a lasting mark. But thanks to the Second Chance Law, some first-time DWI offenders now have a legal pathway to move forward—without their past following them at every turn.

What Is the Second Chance Law?

The Texas Second Chance Law allows certain individuals convicted of a first-time, non-violent DWI to seal their criminal record through an Order of Nondisclosure. This means the record is hidden from public view—employers, landlords, and most background checks won’t see it—but it’s still accessible to law enforcement and government agencies.

Who Qualifies for the Second Chance Law?

To be eligible, you must meet all of the following criteria:

• First-time DWI offense (no prior convictions)
• Blood Alcohol Concentration (BAC) below 0.15%
• No accident involving another person involved in the incident
• Completed all court-ordered requirements, including probation, fines, and alcohol education
• No additional criminal charges before or after the DWI

If your case involved a child passenger, bodily injury, or a BAC above 0.15%, you are unfortunately disqualified from this relief.

How to Apply

Here’s a simplified roadmap:

1. Gather documentation: Court records, proof of completed requirements, and personal identification.
2. File a petition: Submit to the court that handled your case.
3. Attend a hearing (if required): Be prepared to show compliance and good conduct.

Why It Matters

A sealed record can open doors that a DWI conviction might otherwise slam shut—especially when applying for jobs, housing, or professional licenses. In a state like Texas, where DWI penalties have grown stricter in recent years, this law offers a rare and valuable lifeline.

What the Second Chance Law DOES NOT Do

It’s important to note: This is not expungement. Your record isn’t erased—it’s just hidden from public view. Law enforcement and courts can still access it, and it may still impact certain legal proceedings or licensing applications.

If you or someone you know is navigating the aftermath of a DWI, the Second Chance Law might be the key to a fresh start. It’s not a free pass—but it is a powerful reminder that one mistake doesn’t have to define your future.

Want help exploring how this might apply to your situation? Please contact the DWI Lawyers at Arlington for a free consultation today!