• 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)
  • 42.072 (stalking)
  • any other offense involving family violence, as defined by Section 71.004, Family Code.

Remember that these restrictions apply to your entire criminal history, including the offense you want to seal.  You are never eligible to receive an order of nondisclosure for any offense if you have ever been convicted of or put on deferred adjudication for one of the above crimes.

• More Information
  • If you are unsure if you have a disqualifying criminal history, you may wish to check your criminal history record. You can obtain a copy of your Texas criminal history record from Identogo.
  • You should also review your case file, if possible. Your criminal history record alone may not contain all the information you need to apply for a nondisclosure order. For example, your criminal history record will not show whether you were required to register as a sex offender or whether any of your offenses involved family violence. You should be able to get a copy of your case file from the court that handled your case.
  • If you are sure that you know your criminal history, you do not need to obtain your criminal history record or case file. You are not required to attach your criminal history record to your petition. You may, however, attach your criminal history record to your petition if you so desire.

Basic Requirement 2:  There is not an affirmative finding of family violence.

You are not eligible for a nondisclosure order if the court found that the offense you want to seal involved family violence, as defined by Section 71.004, Family Code.

Basic Requirement 3: No Waiting Period Convictions or Deferred Adjudications (Except for traffic offenses punishable by fines only).

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.

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) while you were on probation, on deferred adjudication, or during the waiting period.

A nondisclosure order for completing a veterans reemployment program does not have the above restrictions. So long as you meet the Section 411.0729 requirements, you are eligible to apply for a nondisclosure order.

Question 3: Do you want to seal a felony record?

• If your answer to Question 3 is no, proceed to Question 4.
• If your answer is yes: Did you complete deferred adjudication for the felony?
  • If your answer is yes, you may be eligible for a nondisclosure.
  • If your answer is no, proceed to Question 7.

Question 4: Do you want to seal a misdemeanor conviction? (“conviction” includes any sentence of probation, fine, or imprisonment)

If your answer to Question 4 is yes, besides the offense you want to seal, have you ever been convicted or placed on deferred adjudication for any other offense (other than a fine-only traffic ticket)?

• If your answer is yes, proceed to Question 6.
• If your answer is no: Do you want to seal a DWI (driving while intoxicated) offense?
  • If your answer is yes, that you do want to seal a DWI, proceed to Question 5.
  • If your answer is no: Do you want to seal any of the following convictions?:
    • Boating while intoxicated (Penal Code 49.06)
    • Flying while intoxicated (Alcohol Beverage Code Section 49.05)
    • Assembling or operating an amusement ride while intoxicated (Alcoholic Beverage Code Section 49.065)
    • Organized Crime (Penal Code Chapter 71)?
    • If your answer is yes, proceed to Question 6. 
    • If your answer is no: Did you successfully complete probation (also known as community supervision) for the offense you want to seal?
      • If your answer is yes, you may be eligible for a nondisclosure.
      • If your answer is no, you may be eligible for a nondisclosure.

Question 5: Do you want to seal a DWI misdemeanor conviction (Penal Code Section 49.04)? (‘conviction’ includes a sentence of probation, fine, or imprisonment)

If your answer to Question 5 is yes, besides the offense you want to seal, have you ever been convicted or placed on deferred adjudication for any other offense (other than a fine-only traffic ticket)?

• If your answer is yes, you are not eligible for a nondisclosure order.
• If your answer is no: Were you put on probation for a Class A misdemeanor due to your BAC (blood alcohol concentration) being 0.15 or more?
  • If your answer is yes, you are not eligible for a nondisclosure order.  
  • If your answer is no: Did your DWI offense involve an accident involving any other person, including a passenger in your own vehicle?
    • If your answer is yes, you are not eligible for a nondisclosure order.
    • If your answer is no: Did you successfully complete probation (also known as community supervision) for the DWI offense?
      • If your answer is yes, you may be eligible for a nondisclosure.
      • If your answer is no, you may be eligible for a nondisclosure.

Question 6: Do you want to seal an offense that you only committed because you were a victim of trafficking (for example, if your traffickers forced you into prostitution)?

• If your answer is no, proceed to Question 7.
• If your answer is yes: Do you want to seal any of the following?
  • Marijuana possession (Penal Code 481.121)
  • Delivery of marijuana (Penal Code 481.120)
  • Theft under $500 (Penal Code 31.03)
  • Prostitution (Penal Code 43.02)
  • If your answer is no, proceed to Question 7.
  • If your answer is yes: Did you help with a criminal investigation?
    • If your answer is yes, follow the procedure for Section 411.0728.
    • If your answer is no: Did law enforcement ask you to help with a criminal investigation?
      • If your answer is no, follow the procedure for Section 411.0728.
      • If your answer is yes, did you decide not to help because you were 1) too young or 2) too damaged (mentally of physically) from your human trafficking experience?
        • If your answer is no, proceed to Question 7.
        • If your answer is yes, you may be eligible for a nondisclosure.

Question 7: Did you participate in a veterans treatment court for the offense you want to seal?

• If your answer is yes, you may be eligible for a nondisclosure. 
• If your answer to Question 7 is no, proceed to Question 8.

Question 8: Did you complete a veterans reemployment program as part of probation for the offense you want to seal?

• If your answer is yes, you may be eligible for a nondisclosure.
• If your answer is no to Question 8 and you answered all other applicable questions above, you do not qualify for a nondisclosure order.