A criminal conviction or deferred adjudication can follow you for years, even after you’ve completed probation or paid your fines. Employers, landlords, and schools often run background checks, and one entry can make it harder to move forward.
The good news: in Texas, many people can seal their records with an Order of Nondisclosure. This powerful legal tool hides your record from public view, giving you a second chance.
At the Napier Law Firm, Attorneys George Napier and Monica Cooper Napier help clients across Harris County, Montgomery County, Fort Bend County, Galveston County, and the greater Houston area petition for nondisclosure. With deep knowledge of Texas law and local court procedures, we guide you through the process and fight for your right to move forward without the burden of a public record.
What Is an Order of Nondisclosure?
An Order of Nondisclosure is a court order that seals a criminal record from public access. Unlike expungement (which destroys the record), nondisclosure hides the record from most background checks.
Expungement vs. Nondisclosure
- Expungement – Erases records entirely. You may deny the arrest or charge ever occurred.
- Nondisclosure – Seals the record. Law enforcement and certain government agencies can still access it, but employers, landlords, and schools cannot.
For many, nondisclosure is the best option when expungement is not available.
Who Qualifies for Nondisclosure in Texas?
Eligibility for nondisclosure is governed by the Texas Government Code, Chapter 411 (see statute).
You may qualify if you:
- Successfully completed deferred adjudication
- Completed community supervision or probation
- Finished a Veterans Treatment Court Program
- Were convicted of certain misdemeanors
- Were convicted of a DWI with a BAC under 0.15 and no accident involving another person
Waiting Periods for Eligibility
Waiting periods may apply depending on the offense: immediate, 2 years, or 5 years after completion of probation or sentence.
Crimes Not Eligible for Nondisclosure
Some offenses can never be sealed, including:
- Sex offenses (including offenses requiring registration)
- Murder and capital murder
- Aggravated kidnapping
- Human trafficking
- Family violence assault
- Stalking
- Offenses against children, elderly, or disabled persons
The Process of Petitioning for Nondisclosure
The process requires careful preparation:
Step 1: File a Petition
Submit a Petition for an Order of Nondisclosure in the court where the case was handled.
Step 2: Provide Documentation
Include judgment, discharge orders, and proof of completed probation or deferred adjudication.
Step 3: Court Review
A hearing may be set where the judge evaluates eligibility and considers objections.
Step 4: Order Granted
If approved, the order is sent to DPS and other agencies to seal your record.
Even a small paperwork error can result in denial or delay, which is why working with an experienced nondisclosure attorney is crucial.
Special Rule: DWI Nondisclosures (HB 3016)
Since 2017 (HB 3016), certain first-time DWI convictions may qualify for nondisclosure. This law is retroactive, meaning older convictions may be eligible.
Eligibility Requirements for DWI Nondisclosure
To qualify, you must:
- Have a BAC under 0.15
- Not have caused an accident involving another person
- Have completed all fines, fees, and probation
- Have no other criminal record aside from traffic violations
A sealed DWI record means employers, landlords, and schools cannot see the conviction.
Benefits of Sealing Your Record
Sealing your record has life-changing effects:
- Employment – Pass background checks for new jobs
- Housing – Avoid landlord discrimination
- Loans & Education – Apply for financial aid, mortgages, and school admissions
- Privacy – Prevent unnecessary stigma from old mistakes
While certain agencies (law enforcement, licensing boards) can still access your record, nondisclosure protects you from most civilian background checks.
Challenges in Nondisclosure Petitions
Common obstacles include:
- Filing before the waiting period has expired
- Errors in paperwork or missing documents
- Objections from prosecutors or DPS
- Prior ineligible offenses that disqualify the petition
At the Napier Law Firm, we anticipate these issues, build strong petitions, and advocate for your second chance in court.
Why Choose The Napier Law Firm?
- Local Experience – Knowledge of Harris County, Montgomery County, Fort Bend County, and Galveston County courts and prosecutors
- Detail-Oriented – We ensure petitions are properly filed and supported
- Comprehensive Defense – We also handle expungements, DWI defense, and assault cases
- Proven Results – Successfully helping clients move past mistakes and protect their future
Take Action Today
If you’re ready to put the past behind you, an Order of Nondisclosure may be your key to a clean slate.
📞 Contact the Napier Law Firm today for a free consultation. We’ll review your eligibility, explain the process, and begin working toward sealing your record.
Your future is too important to be defined by the past—let us help you take back control.