Posted by on November 14, 2020

Sealing Your Texas Criminal Record with an Order of Non-Disclosure. What you Need to Know?

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.

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.

We have provided the following information to help you determine if your Texas Criminal Offense is eligible to be
sealed:

  • Who is eligible for Texas Non Disclosure?
  • Offenses that are Not Eligible for Non-Disclosures.
  • Waiting Periods for Non-Disclosures.
    • Eligible Felony Offenses.
    • Eligible Misdemeanor Offenses with NO Waiting Period.
    • Eligible Misdemeanor Offenses with TWO-YEARWaiting Period.
  • Agencies that will still have access to your records.

Who is eligible for Texas Non Disclosure?

  • You entered a plea of guilty or no contest; AND
  • The Judge deferred further proceedings against you and placed you on deferred adjudication probation (probation
    without a finding of guilt); AND
  • You have successfully completed your deferred probation; AND
  • You meet any applicable waiting period after completing your probation.

Offenses that are Not Eligible for Non-Disclosures

There are some offenses that cannot be sealed by an order of nondisclosure, even if you have complete deferred
probation and satisfied the applicable waiting period. These offenses include:

  • Indecency with a child;
  • Sexual assault;
  • Aggravated sexual assault;
  • Prohibited sexual conduct (incest);
  • Aggravated kidnapping’;
  • Burglary of a habitation with intent to commit any of the above offenses;
  • Compelling prostitution;
  • Sexual performance by a child;
  • Possession or promotion of child pornography;
  • Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age;
  • Attempt, conspiracy, or solicitation to commit any of the above offenses;
  • Capital murder;
  • Murder;
  • Injury to a child, elderly individual, or disabled individual;
  • Abandoning or endangering a child;
  • Stalking; and
  • Violation of protective order or magistrate’s order.

Waiting Periods Before Filing a Non-Disclosure

It is important to know what waiting period applies to your particular offense and when the clock starts running on
the waiting period. The waiting period begins once you have completed all the terms and conditions of your deferred
adjudicated probation and the Judge has signed an order discharging your probation.

Waiting Period on Eligible Felony Offenses

If your case is a felony and is not excluded, our firm may file a petition for nondisclosure five (5) years after
completion of the deferred adjudication community supervision and dismissal of the case.

Eligible 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
case.

  • 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.

Eligible 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
case.

  • 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

Agencies that will still have access to your records.

Certain government agencies or entities will still have access to the information being “sealed” under the order of
nondisclosure. These entities include the following:

  • The State Board for Educator Certification;
  • A school district, charter school, private school, regional education service center, commercial transportation
    company, or education shared service arrangement;
  • The Texas Medical Board;
  • The Texas School for the Blind and Visually Impaired;
  • The Board of Law Examiners;
  • The State Bar of Texas;
  • A district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
  • The Texas School for the Deaf;
  • The Department of Family and Protective Services;
  • The Texas Youth Commission;
  • The Department of Assistive and Rehabilitative Services;
  • The Department of State Health Services, a local mental health service, a local mental retardation authority, or
    a community center providing services to persons with mental illness or retardation;
  • The Texas Private Security Board;
  • A municipal or volunteer fire department;
  • The Texas Board of Nursing;
  • A safe house providing shelter to children in harmful situations;
  • A public or nonprofit hospital or hospital district;
  • The Texas Juvenile Probation Commission;
  • The securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the
    consumer credit commissioner, or the credit union commissioner;
  • The Texas State Board of Public Accountancy;
  • The Texas Department of Licensing and Regulation;
  • The Health and Human Services Commission;
  • The Department of Aging and Disability Services;
  • The Texas Education Agency;
  • The Guardianship Certification Board;
  • A county clerk’s office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas
    Probate Code;
  • The Department of Information Resources, but only regarding an employee, applicant for employment, contractor,
    subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to the Department
    of Information Resources;
  • The Department of Information Resources;
  • A contractor or subcontractor of the Department of Information Resources;
  • The Court Reporters Certification Board;
  • The Texas Department of Insurance; and
  • The Teacher Retirement System of Texas.

However, even though they have access to your criminal offense information, these government agencies or entities
will no longer will able to legally release the information contained in your order of nondisclosure to members of
the general public or to non-exempted employers who are trying to perform a background check on you.

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
Index