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 – Nondisclosure limits public access to the covered record; it does not destroy it. Courts and criminal justice agencies may still disclose it as authorized by law, including to specified schools, licensing bodies, and certain employers.
For many, nondisclosure is the best option when expungement is not available.
Who Qualifies for Nondisclosure in Texas?
Eligibility depends on the route in Texas Government Code Chapter 411, Subchapter E-1, not just whether probation ended.
Potential routes include the following, each with its own requirements:
- Completed qualifying deferred adjudication and received the required discharge and dismissal
- Completed community supervision after a qualifying misdemeanor conviction, including required confinement and payment of fines, costs, and restitution
- Completed a qualifying veterans treatment court program and met its separate eligibility and waiting-period rules
- Completed a sentence for a qualifying misdemeanor and met the applicable prior-record and waiting-period rules
- Completed a qualifying DWI disposition under the separate DWI rules below
Waiting Periods for Eligibility
There is no single waiting period. Under Section 411.0725, eligible deferred-adjudication cases may be filed after discharge and dismissal, after two years for specified misdemeanors, or after five years for felonies. Qualifying misdemeanor-conviction routes under Sections 411.073 and 411.0735 have different completion and waiting rules. DWI periods are explained below. Section 411.072 provides a court-issued route for certain first-time misdemeanor deferred-adjudication cases, rather than the usual petition process. It requires a qualifying discharge and dismissal on or after September 1, 2017, eligibility evidence, and a $28 statutory fee—not a quote for other routes or attorney fees. The order cannot issue before 180 days after placement on deferred adjudication. This is not a rule that every dismissed case is automatically sealed.
Crimes Not Eligible for Nondisclosure
Section 411.074 generally bars the following offenses and qualifying prior convictions or deferred adjudications for them. This is not a complete eligibility test; special routes must be checked separately.
- Offenses requiring sex-offender registration
- Murder and capital murder
- Aggravated kidnapping
- Human trafficking
- Offenses involving family violence, not only assault
- Stalking
- Injury to a child, elderly person, or disabled individual; abandoning or endangering a child; and specified violations of court orders or bond conditions
The Process of Petitioning for Nondisclosure
The process starts with the correct statutory route. Eligibility also depends on your other cases. Under Section 411.074, a conviction or deferred adjudication for a disqualifying offense can bar relief, and a new conviction or deferred adjudication during supervision, the sentence, or an applicable waiting period can prevent eligibility. The exception is a traffic offense punishable by fine only. Tell your lawyer about pending cases too; an unresolved charge is not the same as a conviction, but its disposition may affect the analysis. Special statutory routes can have different rules.
Step 1: Identify the Route and Filing Court
For petition routes, file in the court identified by the applicable statute—usually the court that handled the disposition. Section 411.072 instead calls for eligibility evidence and a court-issued order when its conditions are met.
Step 2: Provide Documentation
Gather the cause number, charging document, judgment or deferred-adjudication order, discharge and dismissal orders, and proof of sentence completion and required payments. For a DWI review, include any ignition-interlock order and compliance records. Identify other convictions, deferred adjudications, and pending cases.
Step 3: Court Review
For petition routes, the State receives notice and an opportunity for a hearing. The court considers statutory eligibility and whether relief is in the best interest of justice; a hearing is not required when the statutory exception applies.
Step 4: Order Granted
If the court grants relief, the clerk sends the order or relevant information to DPS. DPS seals its covered records and notifies the recipients specified by statute; the clerk and other covered agencies have their own sealing duties. The order does not make every record disappear instantly.
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
For the DWI-conviction routes, the review includes:
- A conviction under Penal Code Section 49.04 that is not punishable under its 0.15-or-higher provision, Section 49.04(d)
- Whether the State presents sufficient evidence that the offense resulted in a motor-vehicle collision involving another person, including a passenger
- Completion of the applicable supervision or sentence, including required confinement and payment of fines, costs, and restitution
- No prior conviction or deferred adjudication for another offense, except a traffic offense punishable by fine only, plus compliance with Section 411.074
The waiting period depends on the route: qualifying DWI deferred adjudication under Section 411.0726 requires two years after completion and discharge and dismissal. A qualifying DWI conviction with community supervision under Section 411.0731 can have a two-year wait with successful compliance with the required six-month ignition-interlock condition, or a five-year wait when that condition was not ordered. Under Section 411.0736, the corresponding periods after sentence completion are three years and five years. The actual sentence, interlock order, and compliance records matter. Nondisclosure limits public access to the covered record; it does not destroy it. Courts and criminal justice agencies may still disclose it as authorized by law, including to specified schools, licensing bodies, and certain employers.
Benefits of Sealing Your Record
Sealing a qualifying record can reduce its public visibility, but it does not guarantee a job, housing, financing, or admission.
- Employment – Limit public access to the covered record, subject to statutory exceptions
- Housing – Reduce public visibility of the covered record
- 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
- State objections or unresolved eligibility questions
- 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
For your eligibility review, have the court and cause number, disposition, completion dates, other criminal history, and any pending cases available. Ask which statutory route applies, when you may seek relief, and which records the order would cover. See our Conroe and Montgomery County nondisclosure help and the Texas courts’ route-specific forms. This is general information, not advice about a particular case.
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.