Home » A Complete Guide to Criminal Record Nondisclosure in Texas?

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May 8, 2025

If you have a criminal record in Texas, it doesn’t always have to follow you forever. Texas law allows many individuals – especially those who received deferred adjudication – to seal their criminal records through an Order of Nondisclosure. This process, often called criminal record sealing, can be life-changing for people looking to move forward with jobs, housing, and education. In this complete guide, we’ll explain what a nondisclosure is (and how it differs from an expunction), who is eligible to seal a record after deferred adjudication (for both misdemeanors and felonies), the timeline and process for filing a petition, and which offenses are never eligible. Whether you’re in Houston, Harris County, or anywhere in Texas, understanding record nondisclosure can help you take the next step toward a fresh start.

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What Is an Order of Nondisclosure (Record Sealing) in Texas? 

An Order of Nondisclosure is a court order that seals your criminal record from public view. In practical terms, this means most employers, landlords, and the general public will not be able to see your criminal case in background checks. Nondisclosure is often referred to as record sealing because the records still exist but are hidden from public databases. Importantly, even after a nondisclosure, law enforcement and certain government agencies can still access the sealed records – they are not destroyed. 

Nondisclosure vs. Expunction: What’s the Difference? 

It’s crucial to understand how sealing a record (nondisclosure) differs from an expunction. An expunction (or expungement) is the strongest form of record clearing in Texas – it completely erases the records of an arrest or prosecution. If you obtain an expunction, you can legally deny the incident ever happened in most cases, and the records are destroyed. Expunctions are only available in limited circumstances (such as cases that were dismissed, certain not-guilty verdicts, or Class C misdemeanors after deferred disposition). A nondisclosure, on the other hand, does not erase the record but hides it from public view (Expunctions vs. Nondisclosures in TX | The Napier Law Firm). Nondisclosures are typically available to people who have successfully completed deferred adjudication probation, as we’ll discuss below. In summary: 

  • Expunction: Completely wipes out the record as if it never occurred. Only available for specific situations (no conviction on record, or qualifying Class C misdemeanors). After expunction, you can deny the offense happened. 
  • Nondisclosure: Seals the record from public view but does not destroy it. Generally available after deferred adjudication (and now certain minor convictions) if eligibility requirements are met. After nondisclosure, the public can’t see your record, though government agencies can. You may not have to disclose the offense to most private parties, but the record technically still exists. 

Both expunctions and nondisclosures help give Texans a fresh start, but nondisclosure is the primary remedy for those who pled guilty and received deferred adjudication. Next, we’ll focus on how deferred adjudication works and how it leads to a nondisclosure opportunity. 

Deferred Adjudication and Eligibility for Nondisclosure 

Deferred adjudication is a type of probation in Texas where a judge “defers” a finding of guilt. You plead guilty or no contest to an offense and are placed on community supervision (probation) for a set period, but no conviction is entered. If you successfully complete the probation, the case is discharged and dismissed without a conviction on your record. This is a favorable outcome because it avoids a formal conviction – however, the record of your arrest and the court case still exists (it will show that the case was dismissed after deferred adjudication). That’s where an order of nondisclosure comes in. Texas law allows many people who finish deferred adjudication to seal the records of the case so that the public cannot see them. 

To be eligible for a nondisclosure after deferred adjudication, a person generally must meet these basic criteria: 

  • Successful Completion of Deferred Adjudication: You must have completed the deferred adjudication probation and obtained a discharge and dismissal from the court. If your deferred adjudication was revoked and you were convicted, then you are not eligible for nondisclosure on that case. 
  • Waiting Period Completed (if applicable): Depending on the type of offense, you may need to wait a certain period after finishing probation before you can file for nondisclosure. We break down the timeline in a later section – some nondisclosures are immediate, while others require a 2-year or 5-year wait after the case dismissal. 

One important distinction in Texas nondisclosure law is between automatic nondisclosures and petition-based nondisclosures. Recent changes to Texas law (effective since 2017) created an automatic nondisclosure process for certain first-time misdemeanors, while other cases require you to file a petition with the court: 

  • Automatic Nondisclosure for First-Time Nonviolent Misdemeanors: If your case was a misdemeanor (other than serious offenses listed by law) and it was your first offense on deferred adjudication, you might be eligible for an order of nondisclosure without having to file a petition. Under Texas Government Code § 411.072, the court can issue a nondisclosure order at the time your case is dismissed if: (1) the offense is a misdemeanor that is not on the disqualifying list (no violent, sexual, or DWI offenses), (2) you have never been convicted or placed on deferred for any other offense (aside from minor traffic tickets), and (3) you meet the general requirements (no new offenses, etc.) (Texas Government Code – GOV’T § 411.072 | FindLaw) (Texas Government Code – GOV’T § 411.072 | FindLaw). In these cases, the law says the judge “shall issue” the nondisclosure order upon discharge if at least 180 days have passed since you were placed on deferred (Texas Government Code – GOV’T § 411.072 | FindLaw). This is meant to be automatic, but in practice you or your attorney may need to ensure the order is prepared and the required fee is paid. Example: Suppose you received deferred adjudication for a first-time possession of marijuana (a misdemeanor) in Houston, and you successfully finish probation. If you have no other record and at least 180 days have elapsed since you started probation, the court can immediately issue an order sealing that record. 
  • Petition for Nondisclosure (Standard Process): If you do not qualify for the automatic process – for instance, if you have a prior offense on your record, or your deferred adjudication was for a more serious misdemeanor or any felony – then you will need to affirmatively file a petition to get an order of nondisclosure (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS) (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS). Most cases fall into this category. Texas Government Code § 411.0725 covers the procedure for deferred adjudication nondisclosures that require a petition, including felonies and certain misdemeanors. You still must meet the basic eligibility (successful completion, no new offenses, not a disqualified offense) and then file a petition after any required waiting period. We discuss the waiting periods and steps to file the petition below. 

Offenses That Are Never Eligible for Nondisclosure 

Texas law excludes certain offenses from ever being sealed through a nondisclosure, even if you successfully completed deferred adjudication. These exclusions are designed to protect public safety and transparency for more serious crimes. If your case was one of the following, you cannot get an order of nondisclosure for that offense: 

These prohibitions are set out in Texas Government Code § 411.074, which the court must follow before granting any nondisclosure (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). In short, Texas will not seal records for violent or sex-related offenses and offenses against children or family members. If you’re unsure whether your charge falls into one of these categories, consult an attorney. Assuming your offense is eligible, the next considerations are when you can file and how the process works. 

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When Can You File for Nondisclosure? (Timeline After Deferred Adjudication) 

The timing for when you’re allowed to file a petition for nondisclosure depends on the type of offense and how it’s categorized under Texas law. Texas Government Code § 411.0725 lays out specific waiting periods for different levels of offenses after your deferred adjudication is discharged (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS): 

  • Immediately upon Discharge – “No Waiting” Misdemeanors: If your deferred adjudication was for a misdemeanor not listed among the specific chapters of the Penal Code that require a wait, you can file for nondisclosure as soon as you are discharged and your case is dismissed (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS). In fact, as mentioned earlier, if you also meet the first-time offender criteria, the court might issue the order immediately (automatic nondisclosure). Examples of misdemeanors with no waiting period after completion include many non-violent offenses like theft (if no family violence), low-level drug possession (handled under the Health & Safety Code), or other misdemeanors not involving the disqualifying categories. 
  • Two-Year Waiting Period – Certain Serious Misdemeanors: If your misdemeanor deferred adjudication was for an offense under Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46, then you must wait two (2) years from the date of discharge and dismissal to petition for nondisclosure (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS). These chapters cover a range of offenses that Texas deems more serious even at the misdemeanor level, such as: 
  • Chapter 20: Kidnapping and Unlawful Restraint (e.g. misdemeanor unlawful restraint). 
  • Chapter 21: Sexual offenses (note many will require registration and be disqualified entirely). 
  • Chapter 22: Assaultive offenses (e.g. misdemeanor assault without family violence, or reckless injury). 
  • Chapter 25: Offenses Against the Family (could include non-violent family offenses like bigamy, etc., but any family violence aspect would disqualify entirely). 
  • Chapter 42: Disorderly Conduct and related offenses (this chapter also includes offenses like cruelty to animals, harassment, etc.). 
  • Chapter 43: Public Indecency (prostitution, obscenity, etc.). 
  • Chapter 46: Weapons offenses (unlawful carrying of a weapon, etc.). 

If your misdemeanor falls in these categories (and is otherwise eligible), you must maintain a clean record and wait two years after finishing probation before the court will grant a nondisclosure. For example, a deferred adjudication for misdemeanor assault (non-family violence) in Harris County would require a 2-year wait after dismissal before you could seal it. 

  • Five-Year Waiting Period – Felonies: If your deferred adjudication was for a felony offense, Texas requires a five (5) year waiting period after your discharge and dismissal before you can petition the court (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS). During these five years, you must not pick up any new offenses (aside from minor traffic tickets) to remain eligible. After the 5-year wait, if all other criteria are satisfied, you can file for an order of nondisclosure on the felony. For instance, someone who received deferred adjudication for a state jail felony drug possession in Fort Bend County would have to wait five years after completing probation before seeking to seal that record. 
  • DWI/BWI Deferred Adjudication – Special Rules: Driving While Intoxicated (DWI) and Boating While Intoxicated (BWI) cases have their own specific nondisclosure provisions. Texas law (Gov. Code § 411.0726) allows nondisclosure for certain first-time DWI deferred adjudications, but with stricter requirements. Generally, you must wait 2 years if you successfully completed DWI deferred with an ignition interlock device requirement, or 5 years if no interlock was required, and you must have had no accident involved and a blood alcohol level below a certain threshold. DWI nondisclosure also cannot be automatic – you must petition. Note: DWI/BWI offenses are expressly excluded from the general 411.0725 process (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS), so if you have a DWI deferred, talk to an attorney about the specific steps under § 411.0726. (For the purposes of this guide, we focus on nondisclosures for other offenses.) 

It’s important to mark your calendar from the date your deferred adjudication was discharged and dismissed. The clock for the 2-year or 5-year wait (if required) starts at that date of discharge. Once the appropriate time has passed, and assuming you’ve kept a clean record in the interim, you’re ready to move forward with the petition. 

How to File a Petition for Nondisclosure in Texas (Step-by-Step) 

Filing a petition for an order of nondisclosure involves a legal process in the same court that handled your case. Below is a step-by-step overview of how to seal your criminal record in Texas: 

  1. Confirm Your Eligibility: Before anything else, double-check that you meet all eligibility requirements. Ensure that your offense is not ineligible (refer to the list of never-eligible offenses above), that you have completed deferred adjudication successfully, that you’ve satisfied any required waiting period, and that you have not re-offended since. This step is critical – if you file and you’re not eligible, the petition will be denied and you will have wasted time and money. Many people consult a Houston nondisclosure attorney at this stage to review their case details. 
  1. Prepare the Petition Documents: The Texas Office of Court Administration provides official forms to help individuals petition for nondisclosure. You can find a “Petition for Order of Nondisclosure” form specific to your situation on the Texas Judicial Branch website. For example, there is a model petition form for cases under Government Code § 411.0725 (standard deferred adjudication nondisclosures). These forms guide you to fill in information such as your case number, the offense, the court, and statements that you meet the legal criteria (including that you satisfy Texas Gov. Code § 411.074’s requirements). It’s important to fill out the form completely and accurately. Attach any required evidence or documentation (some petitions may ask for the discharge order, etc., or you may need to be prepared to show proof of compliance). 
  1. File in the Correct Court: You must file the petition in the court that placed you on deferred adjudication for the offense. For instance, if your case was in the Harris County Criminal Court at Law No. X or a District Court in Houston, that is where you file the petition. File the completed petition form with the district clerk or county clerk’s office for that court. There will be a filing fee – typically, the fee for a nondisclosure petition includes a state fee of $28 (Government Code § 411.072 requires a $28 fee to process the order (Texas Government Code – GOV’T § 411.072 | FindLaw)) plus standard court filing costs (these vary by county, often making the total cost around $280 or more). Fee waivers may be available if you cannot afford the cost, but you’d need to apply for that separately. 
  1. Give Notice to the State: After filing, the prosecutor’s office (District Attorney or County Attorney who handled your case) must be notified of your petition. In most cases, the court clerk will serve the DA’s office or you may need to send them a file-stamped copy of your petition. This gives the State an opportunity to review and, if they choose, contest your request. 
  1. Wait for a Hearing Date (if required): Many courts will set a hearing on your petition for nondisclosure. At the hearing, the judge will consider whether you are indeed eligible and whether granting the order is “in the best interest of justice” (GOVERNMENT CODE CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS). Sometimes, if the prosecutor does not oppose the petition and your paperwork clearly shows eligibility, the court might sign the order without an in-person hearing. However, be prepared to appear in court and explain why you qualify and how sealing your record would benefit you. It’s often helpful to have an attorney represent you at this hearing, especially if there’s any complexity to your case. 
  1. Court Decision – Order Granted or Denied: The judge will decide to grant or deny the Order of Nondisclosure. If you meet all the legal requirements, the law states the court should grant the order (for eligible cases) as long as it’s in the interest of justice. Judges do have some discretion; for example, even if you qualify, a judge could theoretically deny the petition if they have a specific reason (though that’s uncommon if all criteria are met). If the order is granted, the judge will sign an official Order of Nondisclosure, which then gets sent to the Texas Department of Public Safety (DPS) and other agencies. DPS will then inform the relevant law enforcement, court, and public record agencies to seal the records of your offense. If the order is denied, you may have options to appeal or re-file later, but you should consult an attorney on the next steps. 
  1. Life After Nondisclosure: Once your record is sealed, background checks by most employers or landlords in Texas should no longer show the offense. You can legally omit the sealed offense on most job applications (except for certain sensitive jobs or licenses). Keep a copy of the signed order for your records. It may take a few weeks or months for all agencies to update their records. If you discover that an old record is still showing up publicly after a reasonable time, you might need to follow up with DPS or the agency to ensure they received the order. Generally, however, an order of nondisclosure will greatly improve your privacy. Tip: Even after your record is sealed, if you are applying for a professional license, government job, or certain positions (like law enforcement, judiciary, or working with children), be aware that those agencies might still see the sealed record. When in doubt, seek legal advice on what you must disclose. 
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Following these steps with diligence will improve your chances of a smooth record sealing process. For many people, this can be done without a lawyer, but any mistakes or missteps can delay relief. Given that your future opportunities are on the line, you may want to have a knowledgeable attorney handle the process or at least review your petition. 

Take the Next Step – Contact Napier Law Firm to Seal Your Record 

An order of nondisclosure can open doors that were closed due to your past. If you’re in Houston, Harris County, Fort Bend County, Montgomery County or the surrounding areas, the Napier Law Firm is here to help you navigate Texas record sealing laws. Our experienced team understands the nuances of deferred adjudication nondisclosure in Texas – from determining eligibility to filing the petition and advocating for you in court. We will guide you through every step and work to achieve the best possible outcome so you can move forward with confidence. 

Napier Law Firm 
Phone: (713) 470-4097 
Website: www.napierlawfirm.com 
Serving clients in Houston, Harris County, Fort Bend County, Montgomery County, and surrounding areas.