Texas DWI records - how long are they on record

[ckbeme]

What is the name of your state (only U.S. law)? Texas

I was arrested for a DWI in Dec 1990, and convicted in March 1991. I got community service, a fine, and 2 years probation. I was told by the judge that this would remain on my record for 7 years or 10 years - can't remember which.

I've used online records search on the two reporting agencies and the charge is still listed in the public criminal records database for Tx DPS and Denton County Court.

I have a friend that was convicted of DWI in Dallas County in 1996 and her records are no longer listed in the public criminal records database.

I know there was a recent change in the law that stated that DWI's would stay on your record permanently, but that shouldn't have had any effect on my old charge.

Can anyone clarify this for me? I'm about to apply for a job and if I have to disclose this ancient DWI, my chances for the job are zero.

Thanks for any advice.

CathyWhat is the name of your state (only U.S. law)?

[FlyingRon]

The criminal conviction is forever.

The ten year thing is just the lookback period for determining if a subsequent DUI should be treated as a first or second offense.

[CavemanLawyer]

Exactly, the judge was just admonishing you about the "10 year rule" which was removed in 2005. The conviction never goes away, it just couldn't be used for enhancement purposes after 10 years....but now it can anyway if you were charged with another DWI in the future.

As for your friend's DWI conviction, I can assure you that her conviction is still on her criminal background also. Its just that private background checking services are not always up to date or complete and may not have all records reported by DPS. If you both got DWI convictions, then you both will have those convictions on your record for the rest of your life. The only way to remove it now is to have the conviction overturned or to receive a pardon.

[ckbeme]

Caveman and Ron,

Thanks to both of you for your input.

I'd say that the judge in my case could have been somewhat uninformed about the amount of time the charge would be on my record. He didn't seem like a real sharp fellow.

I knew there was a change in the law in 2005, because a former drinking buddy of mine got a DWI last year - and it was a felony because she had a DWI in 1992 and 1995. But since I didn't understand the original timeframe for record retention, I assumed my record was mistakenly thrown into the wrong basket.

Sad to know that I'll be living with that for life; even tho it was almost 30 years ago I know I won't be considered for some jobs because of it.

Geez... I joined AA several years ago -- this news almost makes makes me want a drink!

[BigMistakeFl]

Originally Posted by ckbeme

Geez... I joined AA several years ago -- this news almost makes makes me want a drink!

Next time you're in the rooms, ask around other AA-ers..... You'll find a few others who had it the same, some worse. Likewise, you'll probably get a few who will offer to go to the bar with you.

[ckbeme]

Originally Posted by BigMistakeFl

Next time you're in the rooms, ask around other AA-ers..... You'll find a few others who had it the same, some worse. Likewise, you'll probably get a few who will offer to go to the bar with you.

I know that's right! Some of the meetings I've attended have become a sort of DWI competition. My DWI was worse than yours...

I'm lucky I got mine in 1990 (lucky doesn't seem appropriate......) before the laws got so much tougher.