If you have a criminal record in Texas, you already know how it can follow you—showing up on background checks for jobs, apartments, and professional licenses. A Texas nondisclosure order offers a legal path to seal certain records from most public access, giving you a genuine second chance without the constant reminder of past mistakes.
This guide breaks down everything you need to know about obtaining a nondisclosure order in Texas: who qualifies, how the process works, what forms you need, and common pitfalls to avoid along the way.
Quick Answer: What Is a Texas Nondisclosure Order?
A Texas order of nondisclosure is a court order that seals certain criminal history records from public view. Unlike an expunction, which erases records entirely, a nondisclosure keeps the record intact but restricts who can access it. Most private employers, landlords, and the general public will no longer see the sealed offense on standard background checks.
Texas nondisclosure law is governed primarily by Texas Government Code Chapter 411, Subchapter E-1, specifically sections 411.071 through 411.0815. These statutes set out who qualifies, what offenses are eligible, and the procedure for filing a petition with the court.
Here’s a quick summary of how nondisclosure works:
Who can still see your sealed record: Law enforcement agencies, prosecutors, courts, and certain state licensing boards (like those for nursing, teaching, and law) retain access under Gov’t Code § 411.0765
Who cannot see your sealed record: Most private employers, landlords, and members of the public conducting standard background checks
How it helps: Improves chances for employment, housing, and moving forward without your past offense appearing in routine screenings
Eligibility factors: Depends on offense type, whether you received deferred adjudication community supervision or completed a qualifying sentence, prior criminal history, and required waiting periods
What it doesn’t do: A nondisclosure does not destroy your record, restore firearm rights, or affect federal databases
Texas Nondisclosure vs. Expunction: Key Differences
Understanding the difference between sealing and erasing your criminal record is critical before you file anything. These are two separate legal remedies under Texas law, and qualifying for one doesn’t automatically mean you qualify for the other.
Expunction falls under Texas Code of Criminal Procedure Chapter 55. When a court grants an expunction, eligible records are completely destroyed—arrest records, booking photos, court files, and prosecutor records are all wiped as if the incident never happened. This remedy is typically available for:
Cases that were dismissed
Acquittals at trial
Certain grand jury no-bills
Arrests where charges were never filed (after applicable waiting periods)
Pardons based on actual innocence
Nondisclosure under Government Code Chapter 411 works differently. The record still exists, but access is restricted. This remedy is primarily available for:
Completed deferred adjudication community supervision with discharge and dismissal
Certain first-time misdemeanor convictions after waiting periods
Specific DWI cases under sections 411.0731 and 411.0736
Here’s how they compare in practice:
Visibility on background checks: An expunged record should not appear at all. A sealed record under nondisclosure won’t appear on most private background checks but remains visible to law enforcement and certain licensing agencies.
Legal denial of the offense: After expunction, you can legally deny the arrest ever occurred. After nondisclosure, you can generally deny the offense in private-sector situations, but you must disclose to government agencies that retain access.
Typical qualifying cases: Expunction works best for dismissed charges (e.g., a 2021 arrest where charges were dropped). Nondisclosure works for completed probation cases (e.g., a 2019 Class B theft where you finished deferred adjudication).
A single person might qualify for both remedies on different cases. For example, you could pursue expunction for a 2017 case that was dismissed and nondisclosure for a 2020 deferred adjudication that you successfully completed.
Eligibility for a Texas Order of Nondisclosure
Eligibility for nondisclosure depends on four main factors: (1) the type of offense, (2) your sentence—particularly whether you received deferred adjudication community supervision, (3) your prior criminal record, and (4) meeting waiting periods and other required conditions under Texas Government Code § 411.074 and related sections.
Here’s what you need to know about each factor:
Deferred adjudication requirement for most cases: The most common path to nondisclosure requires that you completed deferred adjudication community supervision under Code of Criminal Procedure Article 42A.101 and received a discharge and dismissal from the court. Some newer statutes also allow nondisclosure after completing certain misdemeanor convictions with specific conditions—such as first-time DWI cases under § 411.0731 or § 411.0736.
Disqualifying offenses under § 411.074(b): Certain offenses permanently bar you from obtaining a nondisclosure order. These include any offense requiring registration as a sex offender under Chapter 62 of the Code of Criminal Procedure, capital murder, aggravated kidnapping, trafficking of persons, and specified crimes against children. If your case falls into one of these categories, a nondisclosure petition must be denied by the court.
Family violence disqualification: Any prior conviction or deferred adjudication for an offense involving family violence as defined by Family Code § 71.004 typically makes you ineligible—even if your current case would otherwise qualify. If the court made an affirmative finding of family violence in the judgment or plea paperwork, you are barred from nondisclosure on that case and potentially future cases.
No new offenses during the waiting period: During your sentence and any required waiting period, you must not be convicted or placed on deferred adjudication for anything other than a fine-only traffic offense (Class C misdemeanor). A new arrest that results in conviction will disqualify you, even if the underlying eligible case was completed successfully.
Different statutes, different rules: Eligibility varies depending on which nondisclosure statute applies to your situation. General deferred adjudication nondisclosure falls under § 411.0725 for felonies and § 411.072 for misdemeanors. Nondisclosure after misdemeanor conviction is governed by § 411.073. DWI-specific nondisclosure has its own sections at § 411.0731 and § 411.0736. The article sections below break these down in more detail.
Example: You completed deferred adjudication on a Class B theft charge in March 2022. You’ve had no new offenses. Depending on the offense level and waiting period (typically 2 years for Class B misdemeanors under § 411.072), you could file your petition for nondisclosure in March 2024 or later.
Required Conditions Under Texas Government Code § 411.074
Section 411.074 of the Government Code sets out the mandatory conditions a judge must verify before signing any order of nondisclosure. If you fail to meet even one of these conditions, the court is required to deny your petition—there’s no judicial discretion on these points.
No disqualifying new offenses: The core rule under § 411.074(a) states that during your period of community supervision and any applicable waiting period, you cannot have been convicted or placed on deferred adjudication for any offense other than a fine-only Class C traffic violation. If you picked up a new charge that resulted in conviction during this time, you’re ineligible.
Absolute bars listed in § 411.074(b): Certain offenses completely bar nondisclosure regardless of circumstances. These include any offense requiring registration under Chapter 62 (sex offender registration), human trafficking offenses, murder, capital murder, aggravated kidnapping, and family violence offenses where an affirmative finding was made.
Affirmative finding of family violence: If the court noted in your judgment or plea documents that the offense involved family violence—even on a charge like assault that might otherwise be eligible—the petition must be denied. Courts look at the actual judgment, not just the offense name.
How these conditions interact: Section 411.074 works alongside the specific nondisclosure sections (like § 411.072 or § 411.0725). You must meet both the conditions in § 411.074 and the requirements of whichever specific statute governs your case type.
Example of disqualification: You completed deferred adjudication on a 2019 theft case. In 2021, during what would have been your waiting period, you were convicted of a Class A assault. Even though the theft case was successfully completed, the 2021 conviction disqualifies you from obtaining nondisclosure on the theft under § 411.074(a).
Types of Texas Nondisclosure Orders
Texas Government Code Chapter 411 creates several distinct nondisclosure paths, each with different eligibility rules, waiting periods, and applicable forms. Knowing which one applies to your case is essential before you file.
Here are the main types:
Deferred adjudication misdemeanors (§ 411.072): Applies to most misdemeanor offenses where you completed deferred adjudication. The waiting period is typically 2 years after discharge for most misdemeanors, but some offenses allow immediate filing upon discharge under § 411.072(a).
Deferred adjudication felonies (§ 411.0725): For felony offenses resolved through deferred adjudication. The waiting period is generally 5 years after discharge and dismissal. Not all felonies qualify—offenses listed in § 411.074(b) remain permanently ineligible.
Misdemeanor conviction nondisclosure (§ 411.073): A newer provision allowing nondisclosure for certain completed misdemeanor convictions (not just deferred adjudication). Requires meeting specific conditions including completion of the sentence, waiting periods, and no prior felony convictions.
DWI-specific nondisclosure (§§ 411.0731, 411.0736): First-time DWI offenders may qualify under these sections if they meet strict requirements, including installation of an ignition interlock device, completion of all conditions, and specified waiting periods (typically 2-5 years depending on circumstances).
Immediate nondisclosure at discharge (§ 411.0715): For certain low-level misdemeanors, the court can grant nondisclosure at the same time it discharges you from community supervision, without a separate petition or waiting period.
Juvenile records: Juvenile record sealing and nondisclosure are governed by Family Code Chapter 58, which operates under different rules than adult nondisclosure. If you’re seeking to seal juvenile records, consult those statutes separately.
Example: You completed deferred adjudication on a Class B theft offense in March 2020. Under § 411.072, the 2-year waiting period means you could file your petition in March 2022 or later. However, if you completed deferred adjudication on a state jail felony in March 2020, § 411.0725 requires a 5-year wait, meaning you couldn’t file until March 2025.
How to File for a Texas Nondisclosure Order
Filing for nondisclosure is a case-by-case process handled in the same court that dealt with your original criminal case. Whether that’s a county criminal court at law, district court, or county court depends on your offense level and jurisdiction. Local rules and procedures vary by county, so research your specific court’s requirements.
Here’s the general procedure:
Step 1: Identify your eligible case(s). Pull your criminal history from DPS and confirm which cases might qualify. Note the cause number, court, offense, and dates of arrest, plea, and discharge/dismissal for each case.
Step 2: Confirm completion and waiting periods. Verify that you completed all terms of deferred adjudication or your sentence, received an order of discharge and dismissal, and that any required waiting period has passed. Count from the date of discharge, not the date of your plea.
Step 3: Gather required documents. You’ll need copies of your judgment, order of deferred adjudication (if applicable), discharge/dismissal order, and a current DPS criminal history record. Some courts also want proof of completion for any required classes or conditions.
Step 4: Prepare your Petition for Order of Nondisclosure. The petition must include the cause number, arrest date, offense charged, offense code (e.g., Penal Code § 31.03 for theft), discharge/dismissal date, and the specific Government Code section you’re filing under (e.g., § 411.0725 for felony deferred adjudication).
Step 5: File and pay fees. File your petition with the clerk’s office. In many counties, this is the Civil Division of the County Clerk’s office. Filing fees typically range from $250 to $400, including the special nondisclosure fee. In Travis County, for example, total costs often run approximately $350 (subject to change—verify current fees with the clerk).
Step 6: Serve the District Attorney’s office. Many courts require you to serve a copy of your petition on the local prosecutor’s office and allow time for any objections before setting a hearing date.
Step 7: Attend the hearing. The court will schedule a hearing where the judge reviews eligibility. You may need to testify briefly about completing your conditions and having no new offenses.
County-specific example (Travis County): File your petition in the Civil Division of the Travis County Clerk’s office. Pay the filing fee plus the nondisclosure fee (approximately $350 total). The clerk routes the petition to the original criminal court. You’ll receive a hearing date, typically 30-60 days out. The District Attorney’s office is served and may file an objection if they dispute eligibility.
You can represent yourself (“pro se”), but courts and bar associations generally recommend consulting a Texas criminal defense attorney—especially if there are questions about eligibility, prior family violence findings, or complex prior records.
Forms, Checklists, and Research Tools
Getting the right forms is critical. Texas law libraries, county law libraries, and some courts provide nondisclosure petition forms and checklists—but you must make sure you’re using forms that match your specific statute (e.g., § 411.0725 for felony deferred adjudication versus § 411.0731 for DWI cases).
County and law library resources: Many counties offer self-help legal resources, including sample petitions and instructions. Harris County, for example, provides “Clear Your Record” style tools and online eligibility screeners for criminal cases handled in Harris County courts. These tools are often limited to cases within that county.
Practice guides and handbooks: The Texas Criminal Lawyer’s Handbook and similar criminal practice guides include sample petitions and procedural checklists that practitioners rely on when preparing nondisclosure and expunction filings. Law libraries often have current editions available for review.
What to gather before filing: Use this checklist to prepare your petition:
Court judgment showing offense and disposition
Order of deferred adjudication (if applicable)
Discharge and dismissal order
Proof of completion of any required classes, community service, or conditions
Current DPS criminal history record (you can request this from the Texas Department of Public Safety)
All cause numbers for cases you’re seeking to seal
Accuracy matters: Double-check your full legal name (and any name variations used at arrest), dates of arrest and disposition, and the correct Penal Code section for your offense. Errors in these details can result in rejection or delays. The offense code from your judgment (e.g., Penal Code § 31.03 for theft, § 22.01 for assault) must match what’s in the court record.
Costs, Timelines, and Court Hearings
Actual costs and timelines vary by county, but most Texas nondisclosure cases involve filing fees, potential service fees, and attorney’s fees if you hire counsel.
Filing fee ranges: In many Texas counties, filing fees for a nondisclosure petition run between $250 and $400. This typically includes the special nondisclosure fee required by statute. Travis County, for instance, reports fees around $350 total. Additional costs may include certified copies of court documents ($1-5 per page) and DPS criminal history checks.
Typical timelines: From filing to hearing usually takes 30 to 90 days, depending on court dockets. After the judge signs your order, it may take several additional weeks for DPS and other agencies to update their records under § 411.081(d). You should not expect instant results on background checks.
What happens at the hearing: The judge reviews your eligibility under the applicable statute and § 411.074 conditions. The prosecutor’s office may appear and object if they believe you’re ineligible. You may need to briefly testify about completing all conditions and having no new offenses during the waiting period.
“Best interest of justice” standard: Even if you meet all statutory eligibility requirements, the court must find that granting nondisclosure is in the best interest of justice. This gives judges discretion to deny petitions where circumstances suggest the public interest outweighs sealing the record. In practice, most eligible petitions are granted if you’ve truly met all requirements.
Timeline example: You completed deferred adjudication on a 2019 Class B misdemeanor and were discharged in January 2020. The 2-year waiting period ended in January 2022. You file your petition in May 2024. The court schedules a hearing in July 2024. The judge signs the order at the hearing. DPS updates its records within 4-6 weeks, and by late August 2024, your sealed record no longer appears on most private background checks.
What a Nondisclosure Order Actually Does (and Does Not Do)
A nondisclosure order limits public access to your criminal history information, but it does not destroy the record or make it invisible to everyone. Understanding both the benefits and limitations helps set realistic expectations.
What nondisclosure does:
After DPS and other entities implement the order, most private employers and landlords cannot see the sealed offense on standard commercial background checks
In most private-sector situations, you can generally deny that the arrest or offense occurred when asked on job applications or rental forms
The sealed record will not appear in most public records searches or court record databases
What nondisclosure does NOT do:
Certain governmental bodies retain full access to your sealed record. Under Government Code § 411.0765, law enforcement agencies, prosecutors, courts, and licensing boards for regulated professions (nursing, teaching, law, medicine, pharmacy, etc.) can still see everything. If you’re applying for a professional license, you may still need to disclose the offense.
Nondisclosure does not restore firearm rights if they were lost due to the offense
Nondisclosure does not affect federal background checks, including those for immigration purposes, certain federal jobs, or FBI databases
The record is not erased—it still exists in court files and can be “unsealed” in limited circumstances
Example: You received deferred adjudication on a 2018 Class A theft offense and obtained a nondisclosure order in 2023. When a private employer runs a standard background check through a commercial screening company, the theft should not appear. However, if you apply for a nursing license, the Texas Board of Nursing can still see the sealed record and may require explanation.
Common Mistakes and How to Avoid Them
Many nondisclosure petitions face delays or denials because of preventable errors. Here are the most common problems and how to avoid them:
Filing before the waiting period ends: Each nondisclosure statute specifies a waiting period—2 years for many misdemeanors, 5 years for felonies. Filing too early results in automatic denial. Always calculate from the discharge date, not the plea date.
Forgetting about prior disqualifying offenses: A prior deferred adjudication or conviction for family violence, a sex offense requiring registration, or another disqualifying crime under § 411.074 makes you ineligible—even if the current case is otherwise eligible. Review your entire criminal history before filing.
Overlooking a family violence affirmative finding: If the judgment in your case contains an affirmative finding that the offense involved family violence, you’re barred from nondisclosure on that case. Check your plea paperwork and judgment carefully.
Filing in the wrong court: Your petition must be filed in the court that handled the original case. Filing a county court at law case in district court (or vice versa) causes rejection. Verify the correct court using your original cause number.
Using outdated forms: Older forms may reference repealed § 411.081 instead of current sections like § 411.072 or § 411.0725. Using the wrong statutory citation can delay or invalidate your petition.
Name and date errors: Variations in how your name was recorded at arrest versus how it appears now can cause confusion. Verify all dates (arrest date, plea date, discharge date) match the court records exactly.
Practical tips:
Obtain a current DPS criminal history record before filing to see your complete record
Review the exact offense code from the judgment (e.g., Penal Code § 31.03)
Check current versions of Government Code Chapter 411 and your local court’s rules
If you have multiple cases, each may require a separate petition in the appropriate court
When to Seek Legal Help
Texas law allows you to represent yourself in nondisclosure proceedings, but the technical statutory requirements and potential long-term consequences make legal guidance valuable in many situations.
Consider hiring a Texas criminal defense attorney when:
You have multiple cases across different courts or counties
Your offense is close to the line of eligibility (alleged family violence, assault charges, weapons offenses, or anything that required an affirmative finding)
You’re a licensed professional subject to review by a state licensing board
You previously received a nondisclosure or expunction and are unsure how it affects current eligibility
You have out-of-state convictions that might affect Texas eligibility
Finding help:
County law libraries and self-help legal centers can point you toward resources and sometimes offer free assistance with forms
Local bar association referral services (such as the Austin Bar Lawyer Referral Service or Houston Volunteer Lawyers) can help you find qualified attorneys
Some legal aid organizations offer free or reduced-cost help for record clearing to eligible individuals
What to bring to any consultation:
Copies of all judgments and court orders
Orders of deferred adjudication and discharge/dismissal orders
Any prior nondisclosure or expunction paperwork
Your current DPS criminal history record
Correct use of Texas nondisclosure law can open doors that seemed permanently closed—better jobs, stable housing, and professional opportunities. Taking the time to understand the requirements, gather proper documentation, and file correctly makes a real difference in the outcome.
Whether you handle this yourself or work with an attorney, the effort to clear your record is an investment in your future.