Posted by on November 14, 2020

Misdemeanor Waiting Periods Before Eligible for a Non-Disclosure

Criminal cases are not automatically removed or sealed when a case once you complete your deferred adjudicated
probation and your case is dismissed. Your case and all it’s details remains a matter of public record until you get
an order granting an expunction or an order granting non-disclosure from the court.

A person who has successfully completed deferred adjudication probation may (depending on the offense committed) be
able to ask the judge to sign an “order of nondisclosure” sealing their case.

Furthermore, in some instances you can apply to have your offense pardoned if more than 10 years has passed since you
completed deferred probation, you have no other convictions, and not more than one other arrest. If the governor
grants your pardon, then you can get your offense expunged which erases it completely. For more information, click
here for our pardon services or click here to check out our new comprehensive guide that contains everything you
need to apply for a Texas Pardon.

Misdemeanor Offenses with No Waiting Period

If your case is a misdemeanor under the following sections of the Penal Code, our firm may file a petition for
nondisclosure immediately after completion of the deferred adjudication community supervision and dismissal of the

  • Unlawful Criminal Instrument
  • Unlawful Access to Stored Communications
  • Illegal Divulgence of Public Communications
  • Unlawful Installation of Tracing Device
  • Criminal Mischief if loss less than $1500
  • Reckless Damage or Destruction
  • Interference w/ Railroad Property
  • Graffiti: If Pecuniary Loss is Less than $1500
  • Burglary of Coin-Operated or Coin Collection Machines
  • Burglary of Vehicles
  • Criminal Trespass
  • Criminal Trespass by Holder of License to Carry Concealed Handgun
  • Theft
  • Theft of Services less than $1500
  • Tampering with Identification Numbers
  • Theft of or Tampering with Multichannel Video or Information Services
  • Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services
  • Sale or Lease Multichannel Video or Information Service Device
  • Possession, Manufacture, Distribution of Certain Instruments used to Commit Retail Theft
  • Forgery
  • Criminal Simulation
  • Trademark Counterfeiting
  • Stealing or Receiving Stolen Check or Similar Sight Ord
  • False Statement to Obtain Property or Credit
  • Hindering Secured Creditors
  • Fraudulent Transfer of Motor Vehicle
  • Credit Card Transaction Record Laundering
  • Issuance of a Bad Check
  • Deceptive Business Practices
  • Rigging Publicly Exhibited Contest
  • Illegal Recruitment of an Athlete
  • Misapplication of Fiduciary Property or Property of Financial Institution
  • Securing Execution of Document by Deception
  • Fraudulent Destruction, Removal, or Concealment of Writing
  • Simulating Legal Process
  • Refusal to Execute Release of Fraudulent Lien or Claim
  • Deceptive Preparation and Marketing of Academic Report
  • Fraudulent, Substandard, or Fictitious Degree
  • Breach of Computer Security
  • Tampering with a Direct Recording Electronic Voting Machine
  • Online Harassment
  • Unauthorized Use of Telecommunications Service
  • Theft of Telecommunication Service
  • Publication of Telecommunications Access Device
  • Insurance Fraud
  • Medicaid Fraud
  • Coercion of Public Servant or Voter
  • Improper influence
  • Acceptance of Honorarium
  • Gift to Public Servant by Person Subject to his Jurisdiction
  • Offering Gift to Public Servant
  • Perjury
  • False Report to Police Officer or Law Enforcement Employee
  • False Report Regarding Missing Child or Missing Person
  • Tampering with or Fabricating Physical Evidence
  • Tampering with Governmental Record
  • Fraudulent Filing of Financing Statement
  • False Identification as a Peace Officer; Misrepresentation of Property
  • Record of Fraudulent Court
  • Failure to ID
  • Resisting Arrest, Search, or Transportation
  • Evading Arrest or Detention
  • Hindering Apprehension or Prosecution
  • Escape
  • Permitting or Facilitating Escape
  • Bail Jumping and Failure to Appear
  • Improper Contact with Victim
  • Contraband in a Correctional Facility
  • Barratry and Solicitation of Professional Employment
  • Unauthorized Practice of Law
  • Hindering Proceedings By Disorderly Conduct
  • Interference with Public Duties
  • Interference with Service Animals
  • Preventing Execution of Civil Process
  • Failure to Stop or Report Aggravated Sexual Assault of Child
  • Failure to Report a Felony
  • Use of Accident Report Information & Other Information for Pecuniary Gain
  • Failure to Provide Notice and Report of Death of Resident of Institution
  • Interference with Radio Frequency Licensed to a Government Entity
  • Abuse of Official Capacity
  • Official Oppression
  • Violation of Civil Rights of Person in Custody
  • Failure to Report Death of Prisoner
  • Misuse of Official Information
  • Prostitution
  • Promotion of Prostitution
  • Obscene Display or Distribution
  • Obscenity
  • Sale, Distribution, or Display of Harmful Material to Minor
  • Employment Harmful to Children
  • Gambling
  • Gambling Promotion
  • Keeping a Gambling Place
  • Communicating Gambling Information
  • Possession of Gambling Device, Equipment, or Paraphernalia
  • Smoking Tobacco
  • Prohibitions Relating to Certain Cigarettes
  • Prohibition of the Purchase or Sale of Human Organ
  • Public Intoxication
  • Possession of Alcohol in a Motor Vehicle
  • Driving While Intoxicated
  • Assembling or Operating an Amusement Ride while Intoxicated
  • Violation of Court Order Enjoining Criminal Activity

Misdemeanor Offenses with a Two -Waiting Period

If your case is a misdemeanor under the following chapters of the Penal Code, our firm may file a petition for
nondisclosure two (2) years after completion of the deferred adjudication community supervision and dismissal of the

  • Unlawful Restraint
  • Homosexual Conduct
  • Public Lewdness
  • Indecent Exposure
  • Assault but not against police officer, family member or member of household
  • Deadly Conduct
  • Terroristic Threat
  • Aiding Suicide
  • Leaving a Child in a Vehicle
  • Bigamy
  • Enticing a Child
  • Harboring a Runaway Child
  • Violation of Protective Order Preventing Offense Caused by Bias or Prejudice
  • Advertising for Placement of Child
  • Disorderly Conduct
  • Riot
  • Obstructing of Highway or Other Passageway
  • Disrupting Meeting or Procession
  • Funeral Disruption
  • False Alarm or Report
  • Interference with Emergency Telephone Call
  • Harassment
  • Abuse of Corpse
  • Cruelty to Livestock Animals
  • Attack on Assistance Animals
  • Cruelty to Non-Livestock Animals
  • Dog Fighting
  • Destruction of Flag
  • Discharge of Firearm in Certain Municipalities
  • Use of Laser Pointers
  • Illumination of Aircraft by Intense Light
  • Unlawfully Carrying Weapons
  • Unlawful Carrying of Handgun by License Holder
  • Unlawful Possession of a Firearm
  • Prohibited Weapon
  • Unlawful Transfer of Certain Weapons
  • Hoax Bombs
  • Making a Firearm Accessible to a Child
  • Firearm Smuggling

Still have questions, whether you are eligible?

Please Contact Us for a FREE Eligibility Consultation and we can discuss the
facts of your situation in more detail.

You can also check out our post on Texas Non-Disclosure Eligibility.

If your case is a misdemeanor under the following sections of the Penal Code, our firm may file a petition for
nondisclosure immediately after completion of the deferred adjudication and applicable waiting period, if any,
assuming you committed no new offenses withing that period.

Under Section 411.081(d) of the Texas Government Code, a court can issue an Order of Nondisclosure; which “seals” or
prohibits criminal justice agencies from turning over information regarding the criminal offense to the general
public, private employment screening companies, background search companies, credit reporting agencies, employers,
landlords, and private investigators.

You can even deny the existence of the record. The only exception would be if one of the agencies that had still had
access to the record was doing the background check, then you would have to disclose it.

Nondisclosure is not an automatic or simple process. You have to meet all the qualifications, present a Petition for
Non-Disclosure to the Court, and a judge still has to approve the non-disclosure. The decision to grant the request
is discretionary with the judge—meaning the Judge may not support your petition if it is not “in the best interest
of justice”. The law in this area is complicated, so it is best to hire an attorney who has experience in this area
to represent you to ensure your petition is granted.

Our team of experienced Texas Expungement and Non-Disclosure Attorneys have more than 30 years combined experience –
we know the system. Let us put our knowledge and experience to work for you.

At Hopping Law Group, PC, our attorneys can help you clear your Texas criminal record. We handle cases throughout the
state of Texas. If you have any questions concerning whether you are eligible to have your Texas criminal record
sealed, you free free to contact us or call us toll-free at (855) 773-4669 and speak with one of our Texas
Non-Disclosure Attorneys for a FREE Eligibility Consultation.

John Hopping, Esq.

Posted in: Nondisclosure