How Long Do Driving Offenses Stay on Your Record in Texas?

How Long Do Driving Offenses Stay on Your Record in Texas?

Every decision you make behind the wheel leaves a mark—sometimes on your car, sometimes on your driving record. In Texas, a single ticket for speeding or a more serious charge like DWI will linger, impacting your insurance, your finances, and even your job prospects for years to come.

But how long do these offenses really follow you? Is there a way to clear your record? The answer depends on the charge.

If a driving offense has put your record in jeopardy, call the Law Offices of David M. White at (325) 437-3311 today. Our San Angelo criminal defense lawyers help you take control of your case and explore your options for a brighter road ahead.

Schedule a free consultation

Overview of Texas Driving Records

Every driver in Texas has a record, and that record tells a story. It’s a detailed account of how you’ve handled the responsibility of driving, maintained your license, and adhered—or failed to adhere—to traffic laws. To understand how long offenses linger, you first need to know what exactly goes into this official document.

What Is Included in a Driving Record?

Texas driving records are maintained by the Texas Department of Public Safety (DPS). These records document:

• Traffic Violations: Every ticket, citation, or conviction, from minor speeding to more serious charges like reckless driving.
• Points and Penalties: Texas uses a point-based system to monitor drivers. Each moving violation adds points to your record, and those points carry consequences.
• License Status: Suspensions, revocations, or restrictions show up here, giving employers, insurers, and legal authorities a clear picture of your driving privileges.
• Accidents: The incident appears on your record if law enforcement attributes a crash to your driving error.

Why Does Your Driving Record Matter?

While it may seem like just a bureaucratic file, your driving record holds weight in your daily life. For example:

• Insurance Rates: Insurers use your record to assess risk. Even a single ticket can trigger a rate hike that lasts for years.
• Job Applications: Employers hiring for positions that involve driving routinely check these records to evaluate reliability and compliance.
• License Points and Legal Penalties: Accumulating too many points in a short time frame could result in a license suspension under Texas Transportation Code § 521.292.

How the Texas DPS Tracks Offenses

The DPS monitors traffic violations through its Driver Responsibility Program (DRP). While the state eliminated some parts of this program in 2019, the point system remains intact for many offenses.

• Point Accumulation:
  • Two points for moving violations.
  • Three points for moving violations that result in a crash.

These points stay active on your record for three years from the date of the violation. The clock resets with each new offense, creating a compounding effect if violations pile up.

Minor Traffic Violations

Minor violations may seem harmless compared to DWIs or reckless driving, but they set the stage for bigger problems if they’re not addressed early.

How Long Minor Violations Stay on Your Record

Under Texas law, minor traffic violations remain visible on your driving record for three years from the conviction date. During this period, the violation influences your record, insurance rates, and point accumulation under the Driver Responsibility Program.

• Points on Your License:
  • Two points for a standard moving violation.
  • Three points for a violation resulting in an accident.
  • Points stay active for three years, aligning with the retention period of the offense.

The three-year mark doesn’t mean the offense disappears entirely. While insurers and some employers focus on this timeframe, certain entities—like law enforcement or the courts—can access a full record that includes older infractions.

Limitations on Removing Points or Violations

Once a minor traffic violation enters your record, options to erase it are limited. However, the law provides specific pathways to prevent these infractions from impacting your record in the first place:

• Defensive Driving Courses:
  • Texas Transportation Code § 545.4121 allows eligible drivers to complete a state-approved course to dismiss a single traffic ticket.
  • Restrictions include:
    • No dismissal for speeding more than 25 mph over the limit.
    • The course must be completed before the court deadline.
    • Drivers with a commercial license are not eligible.
• Deferred Disposition:
  • In some cases, courts allow a driver to accept deferred adjudication. By meeting certain conditions—like paying fines or avoiding additional violations—the ticket doesn’t appear on your record.

Repeat Violations

While one minor violation might feel manageable, multiple infractions compound the consequences. Every new ticket resets the three-year clock for active points, pushing drivers closer to license suspension.

For instance, accumulating six points in three years triggers annual surcharges under Texas Transportation Code § 708.102. This financial penalty continues until enough points expire to fall below the threshold.

Implications of Driving Offenses

Driving offenses act as a financial and professional anchor, weighing you down long after the incident.

Insurance Premium Increases

Insurance companies closely monitor driving records to assess risk. Even a single minor violation, like speeding, signals to insurers that you may pose a higher liability. As a result, you face higher premiums for years after the offense.

• Premium Hikes by Offense Type:
  • Speeding (10-15 mph over the limit): Increases rates by an average of 20% across Texas.
  • Reckless Driving: Raises premiums by as much as 75%, given its designation as a high-risk behavior.
  • DWI: The most severe impact, with premiums doubling or tripling depending on the carrier.
• Insurer Lookback Periods:
  While Texas law requires driving points to expire after three years for minor offenses, insurers often look back further—up to five years—to determine rates. DWIs and reckless driving remain significant red flags regardless of how much time has passed.

Employment Challenges

For certain industries, your driving record acts as a second resume. Employers in transportation, delivery, and any job requiring a company vehicle will likely review your driving history during the hiring process.

• Jobs Impacted by Driving Records:
  • Commercial Driving: Employers hiring CDL (Commercial Driver’s License) holders must ensure applicants meet stringent safety criteria under federal guidelines.
  • Government Positions: State and local governments screen candidates for driving records, especially for law enforcement or public transportation roles.
  • Private Delivery Services: Companies like UPS or Amazon routinely disqualify candidates with major infractions such as DWIs or reckless driving.
• Records’ Role in Liability Management:
  Employers also consider driving records to limit liability in case of future accidents involving employees. A single DWI or repeated minor violations may disqualify you from driving-related responsibilities.

Legal and Financial Penalties Beyond the Offense

The financial consequences of a driving offense don’t stop with fines or court fees. Additional penalties arise through legal actions like surcharges or restitution.

• Annual Surcharges:
  Under Texas’s Driver Responsibility Program, the state imposes annual fees for certain violations:
  • DWI: Up to $2,000 annually for three years after conviction.
  • Uninsured Driving: $250 per year for three years.
• Restitution Requirements:
  Courts may order drivers convicted of serious offenses to compensate victims for damages or injuries caused by the violation. These amounts vary widely but can significantly compound the financial strain.

Collateral Legal Consequences

Finally, offenses such as DWIs or repeated license suspensions may result in additional legal consequences, including probation or mandatory education programs. For example:

• Alcohol Education: Required for all first-time DWI offenders under Texas Penal Code § 49.09.
• Defensive Driving Courses: Ordered by courts as part of penalty mitigation for certain traffic offenses.

Expungement and Record Sealing Options

Some driving offenses leave permanent marks on your record, but Texas law provides limited opportunities to clear them. Expungement and record sealing allow eligible drivers to reduce or eliminate the long-term impact of certain violations. 

What Is Expungement?

Expungement removes specific offenses from your criminal record entirely, as though they never occurred. However, eligibility for expungement in Texas is narrow, particularly for driving-related convictions.

• Eligibility Requirements for Expungement:
  • The charge must have been dismissed or result in an acquittal.
  • Deferred adjudication alone does not qualify for expungement unless it meets specific conditions, such as non-disclosure agreements.
  • Offenses resulting in conviction, like DWIs, are ineligible unless overturned on appeal.

Under Texas Code of Criminal Procedure § 55.01, expungement primarily applies to wrongful arrests, dismissed charges, or situations where no formal charges were filed.

Record Sealing Through Orders of Nondisclosure

When expungement isn’t an option, Texas law allows for the sealing of records in certain cases through an order of nondisclosure. While not a full erasure, sealing limits access to your record by employers and the general public.

• Eligibility for Nondisclosure:
  • First-time DWI offenders may qualify if they meet specific conditions under Texas Government Code § 411.0731.
  • Successful completion of deferred adjudication for eligible offenses.
  • A waiting period applies before filing for nondisclosure:
    • Two years for some misdemeanors.
    • Five years for more serious offenses.
• Effect of Nondisclosure:
  • The offense no longer appears on most background checks.
  • Law enforcement and certain government agencies retain access.

Steps to Expunge or Seal a Record

The process for either expungement or nondisclosure involves several procedural steps:

1. Determine Eligibility: Review the specific criteria under Texas statutes to confirm whether your case qualifies.
2. File a Petition: Submit a formal request to the appropriate court with supporting documentation, including arrest records and court rulings.
3. Attend a Hearing: The court may require a hearing to decide whether to grant the petition.
4. Implement the Order: Once approved, the court issues an order directing the Texas Department of Public Safety and other agencies to remove or seal the record.

Legal Limitations on Expungement and Nondisclosure

Not all offenses qualify for these remedies. For example:

• Convictions for offenses such as intoxication manslaughter or subsequent DWIs are explicitly excluded from nondisclosure.
• Expungement does not apply to any offense resulting in a conviction unless overturned or pardoned.

Take Control of Your Texas Driving Record

Your driving record tells a story, but you have the power to change its course. Whether you’re dealing with the aftermath of a ticket, a serious offense, or years of accumulated points, there’s no need to face the consequences alone. The longer offenses stay on your record, the harder they hit your wallet, your job prospects, and your future.

At the Law Offices of David M. White, we know how to fight for better outcomes. Call us at (325) 437-3311 today and let’s turn your record into a fresh start.

Schedule a free consultation