Orders of Nondisclosure in Texas
Seal eligible criminal records from public and employer background checks with a Texas order of nondisclosure. Confidential review.
Not every past criminal matter qualifies to be erased outright. For many people who completed deferred adjudication or resolved a case in other qualifying ways, Texas law offers a different remedy: an order of nondisclosure. It will not make the record disappear entirely, but it can remove it from the view of employers, landlords, and the general public running a background check, often the exposure that matters most in daily life.
If a past charge has been quietly limiting your career or opportunities, it is worth understanding whether a nondisclosure order is available to you.
Who Generally Qualifies
Eligibility for an order of nondisclosure in Texas generally depends on how your case was resolved and the nature of the offense.
Deferred adjudication. Many people who successfully completed deferred adjudication community supervision, a resolution where the court defers a finding of guilt and dismisses the case upon successful completion of supervision conditions, are generally eligible to petition for nondisclosure, subject to waiting periods and offense-based restrictions.
Offense-based limitations. Texas law generally excludes certain offenses from nondisclosure eligibility, particularly some family-violence offenses and other specifically disqualifying conduct. Eligibility is offense-specific and requires individual review.
Waiting periods. Depending on the offense and how the case was resolved, a waiting period may apply before a petition can be filed. Some qualifying cases allow immediate eligibility upon completion of supervision; others require a defined period afterward. The governing framework sits generally in Texas Government Code Chapter 411 (the nondisclosure provisions, sometimes referenced as Section 411.072 and related sections), and the specific requirements should be confirmed against the current statute for your case type before filing.
What Sealing Does, and Does Not Do
An order of nondisclosure directs Texas courts and law enforcement agencies to seal the record from public view. Generally, this means:
- The record is no longer visible to the general public, including most private employers and landlords running a standard background check.
- In most circumstances, you may generally decline to disclose the sealed matter to private employers.
- Certain government agencies, licensing boards, and law enforcement retain access to sealed records for specific statutory purposes, even after nondisclosure is granted.
What it does not do. Unlike an expunction, a nondisclosure order does not erase the underlying record. It restricts access rather than eliminating it. Certain professional licensing bodies, government employers, and criminal justice agencies may still see the sealed matter under statutory exceptions. Learn more about expunction eligibility, which offers a stronger remedy in qualifying cases.
Nondisclosure vs. Expunction
These two remedies are often confused, but they are not interchangeable. Expunction is generally available for arrests that did not result in a conviction, such as acquittals, no-bills, and many dismissals, and it removes the record entirely. Nondisclosure is generally available for certain cases resolved through deferred adjudication, and it seals rather than erases the record. Determining which remedy applies, or whether neither currently does, requires a review of exactly how your case was resolved.
The Process
Eligibility review. A review of the offense, the disposition, and the applicable waiting period to confirm whether a nondisclosure petition can be filed.
Petition filing. A petition is filed with the court that handled the underlying case, generally along with notice to relevant state agencies.
Court review. The court evaluates the petition against statutory eligibility requirements. Some cases proceed without significant opposition; others may require a hearing.
Order and distribution. Once granted, the nondisclosure order is distributed to relevant state repositories, directing that the record be sealed from public access going forward.
Frequently Asked Questions
Does an order of nondisclosure erase my record?
No. It seals the record from public and most private access, but the record still exists and remains accessible to certain government agencies and licensing bodies under statutory exceptions. Compare this to expunction, which removes the record entirely.
I completed deferred adjudication. Am I automatically eligible?
Not automatically. Eligibility depends on the specific offense, whether it falls within an excluded category, and whether any waiting period has been satisfied.
Can I get a nondisclosure order for a family-violence case?
Generally, many family-violence offenses are excluded from nondisclosure eligibility under Texas law. Whether a specific case qualifies requires individual review.
Will a sealed record show up on a background check?
In most circumstances, a properly sealed record will not appear on standard background checks conducted by private employers or landlords. Certain government and licensing entities may still have access under statutory exceptions.
How is this different from having my case dismissed?
A dismissal ends the criminal case itself, but the arrest record can still exist and be publicly visible afterward. A nondisclosure order is a separate, additional step to seal that record from public view once the case has concluded.
Speak With a Houston Nondisclosure Attorney
If a past charge resolved through deferred adjudication or another qualifying disposition is still affecting your background checks, a direct conversation can clarify whether nondisclosure is available to you.
Every case is different. Past results do not guarantee future outcomes. Contacting our office does not create an attorney-client relationship. Please avoid sending sensitive case details until a conflict check is complete.
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Contacting our office does not create an attorney-client relationship. Please avoid sending sensitive case details until a conflict check is complete.