Nondisclosure Orders and Sealing Your Criminal Record in Texas (2024)

A nondisclosure order seals part of your criminal record. The order stops public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from sharing information about the sealed offense. If you have a nondisclosure order for an offense, you do not have to enter the offense on most job applications.

There are exceptions. Certain state agencies and licensing boards may still obtain information concerning an offense that is the subject of an order of nondisclosure.

Please note that a nondisclosure order applies only to a particular criminal offense. The order does not apply to all offenses that may be on your criminal history record. However, you may obtain multiple orders of nondisclosure for multiple offenses.

To get a nondisclosure order, you must file your petition or application with the clerk of the court that handled your case. The clerk will make sure the judge and the prosecutor get a copy of your petition.

Each type of nondisclosure order has its own requirements and form. You must be sure to use the one that fits your situation.

Do not get overwhelmed by how many options there are. The Nondisclosure Order Prep Guide and theFresh Startappcan help you figure it out. The list below is just summary of each type to let you better understand the law.

The types of nondisclosure orders are:

• Section 411.072, Government Code (certain nonviolent misdemeanors dismissed after completing deferred adjudication);
  • This section only applies to misdemeanor deferred adjudication cases where the defendant received a discharge and dismissal afterSeptember 1, 2017.If your misdemeanor deferred adjudication case was dismissed beforeSeptember 1, 2017, the case would fall under the following section, Section 411.0725.
• Section 411.0725, Government Code (felonies and other misdemeanors dismissed after completing deferred adjudication)
• Section 411.0726, Government Code (DWIs dismissed after completing deferred adjudication)
• Section 411.0727, Government Code (successful completion of Veteran’s Treatment Court Program)
• Section 411.0728, Government Code (victims of trafficking of persons)
• Section 411.0729,Government Code (veterans reemployment program)
• Section 411.073, Government Code (certain misdemeanor convictions for which you completed probation)
• Section 411.0731, Government Code (DWI convictions for which you completed probation)
• Section 411.0735, Government Code (certain misdemeanor convictions for which probation was not assigned)
• Section 411.0736, Government Code (DWI convictions for which probation was not assigned).

Again, if you are unsure what type of nondisclosure applies to you, try using the Fresh Start app or the Nondisclosure Order Prep Guide. The app or guide may tell you what type of record sealing or clearing you are eligible for.

You may need one or more of the following documents, depending on your case, to help determine if you are eligible for an order of nondisclosure. Basically, you need your complete criminal history and the records of the offense you want to seal. Such documents may include:

1. The judgment in your case.
2. Any courtorder or other document showing that the judge reduced your period of "deferred adjudication community supervision" (also just called “deferred adjudication”), community supervision (also called “probation”), or confinement.
3. A signed order or document showing that you completed your deferred adjudication or probation.
4. A signed order or judgment showing that the judge dismissed the proceedings and discharged your case.
5. A signed order showing that the judge set aside the verdict in your case or permitted you to withdraw your plea and dismissed the accusation, complaint, information, or indictment against you in accordance with Section 20(a), Article 42.12, Code of Criminal Procedure.
6. A signed order or judgment reflecting any affirmative findings made by the judge, including any finding that it is not in the best interest of justice for you to receive an automatic order of nondisclosure. Note that you may not qualify for a nondisclosure orderif you have to register as a sex offenderor if there has ever been any finding that you were involved in a crime involvingfamily violence.

Although the requirements of each section are different, in order to be eligible for a nondisclosure order under any of them, you mustfirst satisfy the basic requirements of Section 411.074, Government Code. Satisfying the requirements in section 411.074 is the first step in qualifying for a nondisclosure order.

Exception:You can get a nondisclosure order aftercompleting a veterans reemployment program underSection 411.0729without meeting the Section 411.0729 requirements.

If you cannot satisfy the below requirements, you are not eligible for a nondisclosure order unless you completed a veterans reemployment program. If you are not eligible,there is no need for you to request a nondisclosure order from the court because the court does not have the legal authority to grant an order of nondisclosure to you.

• You are not eligible for a nondisclosure order if you have ever been convicted or placed on deferred adjudication forthe following offenses, including the offense you want to seal with a nondisclosure order:
  • An offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
  • An offense under Texas Penal Code Section 20.04 (aggravated kidnapping);
  • An offense under any of the following Texas Penal Code Sections
    • 19.02 (murder);
    • 19.03 (capital murder);
    • 20A.02 (trafficking of persons);
    • 20A.03 (continuous trafficking of persons);
    • 22.04 (injury to a child, elderly individual, or disabled individual);
    • 22.041 (abandoning or endangering a child);
    • 25.07 (violation of court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case);
    • 25.072 (repeated violation of certain court orders or conditions of bond in family violence, sexual assault or abuse, stalking, or trafficking case); or
    • 42.072 (stalking);
  • Any other offense involving family violence, as defined by Section 71.004, Family Code.
• You are not eligible for a nondisclosure order if the court found that the offense for which you want the order involved family violence, as defined by Section 71.004, Family Code.

• You are not eligible for a nondisclosure order if you were convicted or placed on deferred adjudication for another crime (other than a fine-only traffic ticket) during the required waiting period, if any. Some types of nondisclosure orders make you wait a certain amount of time after you finish your case before you can apply. These waiting periods range from 180 days to five years. The Fresh Start app and the Nondisclosure Order Prep Guide can help you determine the waiting period for your offense.

You can use theNondisclosure Order Prep Guideand theFresh Start app to helpyou figure out what type of nondisclosure or expunction you may be eligible for.

If the court grants the nondisclosure order, the clerk will send a copy of the order to DPS and any agencies you listed. This should take place within 15 business days after the judge signs the order.

Then, within ten business days, the DPS will seal the offense within its records and send a copy of the order to the required federal agencies. See Section 411.075(b) for a complete list of agencies and entities that DPS must notify.

You can also contact theFoundation for Continuing Justiceand ask them to send copies of the nondisclosure order to private companies that may have your record on file. This is a free service.

Once you decide which type of nondisclosure order applies to you, you can download the correct forms from Nondisclosure Orders - Seal Your Record.

• UseLegal Help Directory to search for legal help in your area.
• Check Legal Events and Clinicsto learn if there is an upcoming legal clinic near you.
• Use TexasLawHelp's online chat to talkwith a lawyer or law student.
• Qualified applicants may be able to get help with expunctions and nondisclosure orders from one of the following organizations:
  • The Beacon
  • University of Texas, Texas Law Expunction Project
  • Clean Slate Cooperative, Earl Carl Institute for Legal and Social Policy(Harris, Brazoria, Galveston, Chambers, Liberty, Montgomery, Fort Bend, Waller Counties only)
  • Dallas Volunteer Attorney Program(Dallas County only)
  • Travis County Law Library(Travis County only)
  • South Texas College of Law Legal Clinics(Harris, Fort Bend, and Montgomery Counties only)
  • Volunteer Legal Services of Central Texas(Travis County only)
  • Texas Fair Defense Project (512-637-5220)