A Complete Guide to Criminal Record Nondisclosure in Texas?

May 8, 2025

Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm — former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.

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.

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

An order of nondisclosure limits public access to the criminal history covered by the order; it does not destroy the records. Most ordinary public background checks should no longer show that case. Criminal justice agencies and specified noncriminal-justice agencies and entities can still receive the information under Government Code § 411.076 and Government Code § 411.0765.

Nondisclosure vs. Expunction: What’s the Difference? 

Nondisclosure and expunction are different remedies. Nondisclosure limits public access while leaving the covered records in existence. An expunction order directs the return or destruction of covered records, or removal of identifying information, under Texas law. Eligibility and statutory retention exceptions matter; dismissal alone does not establish eligibility. See our comparison of expunction and nondisclosure and Code of Criminal Procedure Chapter 55A. In summary:

• Expunction: Directs the return or destruction of covered records, or removal of identifying information, subject to Texas law. A final order generally allows denial of the arrest, but Chapter 55A includes exceptions, including the response permitted when questioned under oath in a criminal proceeding.

• Nondisclosure: Limits public access without destroying the records. Relief is available after qualifying deferred adjudication and for some qualifying convictions. Authorized recipients can still receive covered information. Government Code § 411.0755 addresses what a person must state in applications for employment, information, or licensing.

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: The deferred-adjudication routes require discharge and dismissal under Article 42A.111. Revocation and adjudication of guilt defeat those routes; any possible conviction-based route requires a separate eligibility review.

• Other offenses: Under Government Code § 411.074, a conviction or deferred adjudication for another offense during the statutory supervision/sentence period or applicable waiting period can bar relief. The exception is a traffic offense punishable by fine only—not every fine-only offense. The selected route may impose additional prior-history restrictions.

• Eligible Offense: The offense you seek to seal must be one that is allowed by law for nondisclosure. Certain serious offenses (mostly violent or sexual crimes) can never be sealed (we detail those in the next section). For example, any offense involving family violence or requiring sex offender registration is disqualified (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• 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. 

Texas law distinguishes the court-issued route in Government Code § 411.072 from petition-based routes. Section 411.072 was added in 2015 and amended in 2017; its current applicability provision covers qualifying discharges and dismissals on or after September 1, 2017. It does not mean every dismissed case is automatically sealed.

• Court-issued orders for certain first-time misdemeanors: Government Code § 411.072 excludes DWI/BWI, misdemeanors under Penal Code Chapters 20, 21, 22, 25, 42, 43, 46 and 71, and cases with the specified adverse finding under Article 42A.105(f) or former law. It also requires no previous conviction or deferred adjudication for another offense except a fine-only traffic offense, discharge and dismissal, and compliance with § 411.074. After finding eligibility, the court must issue the order at discharge if at least 180 days have elapsed since placement, or as soon as practicable on or after day 180 if discharge occurred earlier. The person must present necessary eligibility evidence and pay the route-specific $28 fee before issuance. A petition is not required by this section, but an order still must be issued.

• Petition-based deferred-adjudication orders: Government Code § 411.0725 covers eligible felonies and certain misdemeanors outside § 411.072, but not DWI or BWI. A prior offense does not invariably bar this route; the exclusions and conditions in § 411.074 still apply. The person must receive a discharge and dismissal, complete any required waiting period, and petition the court that imposed deferred adjudication. The court considers entitlement and whether issuance is in the best interest of justice.

Offenses That Are Never Eligible for Nondisclosure 

Section 411.074 bars nondisclosure when the requested offense is one of the listed offenses, and also when the person has a previous conviction or deferred adjudication for a listed offense. An affirmative family-violence finding is a separate bar. The following list describes the statutory categories; eligibility turns on the actual offense and record.

• Offenses Requiring Sex Offender Registration: Any crime that requires you to register as a sex offender (e.g. sexual assault, indecency with a child, certain child pornography or prostitution involving minors) is not eligible (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Murder and Capital Murder: These most serious offenses are never sealable (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Aggravated Kidnapping: This violent crime is excluded (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Trafficking of Persons or Continuous Trafficking: Human trafficking offenses cannot be sealed (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Injury to a Child, Elderly, or Disabled Person: Causing injury to vulnerable victims is disqualified (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Abandoning or Endangering a Child: This offense is not eligible (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Stalking: Stalking convictions or deferred adjudications cannot be sealed (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Violations of Certain Protective Orders: Specifically, violations of protective orders or bond conditions in a family violence, sexual assault/abuse, indecent assault, stalking, or trafficking case (Penal Code § 25.07 or § 25.072) are not eligible (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). 

• Any Offense Involving Family Violence: If your offense involved “family violence” (domestic violence), you are disqualified. This includes cases where the judge made an affirmative finding of family violence in the case (Texas Government Code Section 411.074 – Required Conditions for Receiving an Order of Nondisclosure). For example, a deferred adjudication for misdemeanor assault against a spouse or family member will not qualify for nondisclosure due to family violence involvement. 

These exclusions are in Government Code § 411.074. Do not substitute broad labels such as “violent” or “sex-related” for the statutory list and the requirements of the applicable route. An otherwise eligible offense can still be barred by a prior disqualifying conviction or deferred adjudication.

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; review the exact offense, grading, and family-violence findings.

• Chapter 25: Offenses against the family; the two-year category applies only to an otherwise eligible misdemeanor.

• 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.). 

For an otherwise eligible misdemeanor in the listed chapters, § 411.0725(e)(2) requires two years after discharge and dismissal. For example, an otherwise eligible misdemeanor assault deferred-adjudication case without family violence falls within Chapter 22. The other conditions in § 411.074 still apply.

• Five-year waiting period for felonies: Under § 411.0725(e)(3), an otherwise eligible felony deferred-adjudication case requires five years after discharge and dismissal before petitioning. Section 411.074 governs disqualifying convictions and deferred adjudications during the statutory period and other excluded history. A qualifying state-jail-felony drug-possession case in Fort Bend County follows that same statewide rule.

• DWI/BWI deferred adjudication: Government Code § 411.0726 provides a separate petition route for qualifying misdemeanor DWI or BWI cases. The waiting period is two years after completion of deferred adjudication and discharge and dismissal—not a two-or-five-year interlock split. Prior-history limits, § 411.074, the specified adverse finding, and the best-interest-of-justice standard apply. The court cannot grant relief if the State presents sufficient evidence that the offense resulted in a motor vehicle collision involving another person, including a passenger; injury is not required. DWI conviction routes have different waiting periods. See our DWI nondisclosure explanation.

For § 411.0725, calculate any required two- or five-year period from discharge and dismissal. For DWI/BWI deferred adjudication under § 411.0726, the two-year rule requires completion of supervision and discharge and dismissal. Confirm those dates from the court orders and review all other eligibility conditions before filing.

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 eligibility: Identify the correct statutory route, the offense and disposition, any disqualifying history or findings, and the required completion and waiting dates. Review convictions and deferred adjudications under § 411.074 rather than assuming every arrest or allegation is a statutory bar. A lawyer can review the actual orders before filing.

2. 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). 

3. File in the correct court and confirm costs: A petition under § 411.0725 goes to the court that placed the person on deferred adjudication. Confirm that court’s clerk and current filing procedure. The $28 payment in § 411.072(c) belongs to that court-issued route; it is not a universal add-on or total price for every nondisclosure petition. Obtain the current fee schedule for the particular route and court, and ask about any available inability-to-pay procedure. Attorney fees are separate unless an engagement states otherwise.

4. Notice to the State: Section 411.0725 requires notice to the State and an opportunity for a hearing. Confirm the filing court’s notice and service procedures; do not assume filing alone completes notice.

5. 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. 

6. Court decision: Under § 411.0725, the court must determine entitlement to file and that issuance is in the best interest of justice after notice and an opportunity for a hearing. Eligibility is not a promise that the petition will be granted. If granted, the clerk and DPS have statutory transmission and sealing duties under Government Code § 411.075. If denied, obtain advice about the ruling and any available review.

7. Life after nondisclosure: Keep the signed order and confirm that covered records are updated. Section 411.075 gives the clerk up to 15 business days after issuance to transmit the order to DPS, gives DPS 10 business days after receipt to seal its covered information and send notices, and gives specified state and local recipients 30 business days after receiving DPS notice to seal their covered information. Court records are sealed as soon as practicable after transmission under § 411.076(b). Section 411.0755 addresses application disclosures; §§ 411.076 and 411.0765 preserve specified access. Access and a person’s duty to answer a particular question are different issues.

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: https://www.thenapierlawfirm.com/

Serving clients in Houston, Harris County, Fort Bend County, Montgomery County, and surrounding areas.

Want to Clear Your Texas Criminal Record?

The Napier Law Firm helps Texans clear arrests, dismissals, and qualifying convictions from their record. Learn about Texas expungement eligibility, the order of nondisclosure process, and what to expect during a record-sealing case. Schedule a free consultation to find out what’s possible for your record.

Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.