GUIDE
Texas DWI Nondisclosure: Prepare for an Eligibility Review
Texas has several paths to DWI nondisclosure, each with its own requirements. A first DWI alone doesn't tell you if you're eligible. Someone has to look at the disposition, sentence, other history and the exclusions in the statute.
Find out which section of the law might apply
Sections 411.0731 and 411.0736 cover different DWI conviction situations. Section 411.0726 covers certain DWI and BWI cases that ended in deferred adjudication. Don't lump these into one “first DWI” checklist or one waiting period. Read the section that fits your case alongside the general conditions and exclusions in Chapter 411.
Bring these to your legal appointment
- The charging document, judgment or deferred order, and final disposition.
- Proof you were discharged or finished your sentence, with the dates.
- Any ignition interlock requirements and proof you followed them.
- Records about the offense and any accident, which the lawyer needs to check the statutory exclusions.
- Any other criminal history, which the lawyer needs to check eligibility.
Keep these for the lawyer or clinic. Our apartment form doesn't need them. Ask the lawyer which section applies and what starts the waiting period. Ask if any exclusion applies, how much filing costs and if you can get the fee waived.
Before the court rules on your petition
Planning to file isn't the same as having an order. Don't tell an apartment a case is sealed when you've only planned to petition. If the court enters an order, keep it. Then check later reports for anything wrong or anything that shouldn't be disclosed.
Primary source: Texas Government Code Chapter 411. Use Local Help to find legal help near you. Nondisclosure isn't expunction, and it doesn't guarantee apartment approval.
Updated October 13, 2026. Published by the Felon Friendly Apartment Team. This is general renter information. Each property makes its own decisions, and questions about your own case belong with a lawyer or legal aid.
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