An Order of Nondisclosure is a court order that prevents certain criminal records from being disclosed to the public. Once it’s granted, the offense won’t show up on most background checks, and you can legally say “no” if an employer, landlord, or school asks whether you’ve been arrested or convicted for that specific offense.
The record isn’t erased — it is not the same as an expunction – but it is sealed from public view. Law enforcement and certain state agencies can still see it, but the general public cannot.
Key Takeaways
- It seals specific records: The court tells government agencies to block the public from seeing the offense covered by the order.
- The offense will be hidden from most background checks, so employers, landlords, and others won’t be able to see it.
- However, it will still be visible to police and certain state agencies that keep access for their own investigations or legal needs.
Nondisclosure vs. Expunction in Texas
Many people confuse nondisclosure with expunction (expungement), but they are legally distinct in Texas.
An expunction is the more potent remedy—but it’s harder to qualify for. An Order of Nondisclosure is far more accessible for those who have completed deferred adjudication.
You can read the official language of the law under Texas Government Code, Chapter 411, Subchapter E-1.
Who Qualifies for an Order of Nondisclosure in Texas?
Not everyone is eligible. The Texas nondisclosure statute excludes certain serious crimes, including:
- Any offense requiring sex offender registration
- Family violence or stalking offenses
- Murder, trafficking, or child endangerment
- Offenses involving weapons or repeat felonies
You may qualify if:
- You completed deferred adjudication community supervision, and
- The judge dismissed and discharged your case, and
- You have not been convicted of another crime since.
You can confirm your eligibility through the Texas Judicial Branch’s official guide.
Note that an Order of Nondisclosure applies only to one specific charge or case. If you have multiple eligible offenses, you’ll need separate orders.
Texas’s DWI Nondisclosure Law
In 2017, Texas passed House Bill 3016, allowing certain first-time DWI offenders to petition for nondisclosure. Updates through 2025 maintain these rules:
- Blood Alcohol Concentration (BAC) must be below 0.15.
- The offender must have completed any required interlock program.
- No prior convictions for DWI or similar offenses.
Learn more via the Texas Department of Public Safety nondisclosure page.
Waiting Periods for Texas Nondisclosure
The Texas nondisclosure law includes specific waiting periods depending on the type of offense:
|
Offense type |
Waiting period after completion of probation |
|
Felony deferred adjudication |
Five years |
|
Misdemeanor on same Penal Code chapters (e.g. theft or assault) |
Two years |
|
All other misdemeanors |
No waiting period |
Note: If you received a conviction rather than deferred adjudication, you may still qualify under Texas Gov’t Code §411.073 after meeting specific post-conviction requirements.
Who is Eligible for Nondisclosure?
|
Category |
Eligible? |
Statute |
|
Misdemeanor deferred adjudication |
Yes |
§411.072 |
|
Felony deferred adjudication |
Yes |
§411.072 |
|
Misdemeanor conviction (post-probation) |
Yes |
§411.073 |
|
DWI (BAC < 0.15) |
Yes |
HB 3016 |
|
Family violence, stalking, sex offenses |
No |
N/A |
How to File for an Order of Nondisclosure in Texas
Here’s an overview of the specific steps of how to apply:
-
Confirm eligibility
-
Review the statutes or consult with a licensed Texas criminal defense attorney for guidance.
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Obtain your case documents.
-
Request certified copies of your case disposition from the county clerk’s office.
-
File a Petition for Order of Nondisclosure
-
File in the same court that handled your original case. Texas provides sample petitions through the Office of Court Administration.
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Notify the District Attorney
-
You must serve notice of your petition to the prosecuting attorney.
-
Attend a hearing (if required)
-
Some courts issue orders without hearings; others require one.
-
Receive your signed order.
-
Once granted, the court notifies the Department of Public Safety (DPS), which updates the criminal history database.
What Happens if my Petition is Denied?
If the judge denies your petition, you are not permanently barred from reapplying — but you will need to address the reason for the denial first.
Here’s what typically happens:
-
You’ll receive a written order of denial.
-
The judge may include reasons such as:
-
Ineligibility under statute (e.g., offense type or prior conviction)
-
Incomplete paperwork or missing records
-
Objections by the district attorney
-
Insufficient time elapsed since probation completion
-
You may correct the issue and refile.
-
If your denial was based on missing documentation or premature filing (e.g., before the waiting period expired), you can refile once the issue is resolved.
-
You can consult an attorney and appeal.
-
While there’s no formal “appeal” process for nondisclosure denials, you can work with a Texas criminal defense attorney to determine if refiling or seeking alternative remedies—such as an expunction—is more appropriate.
If you’re unsure why your petition was denied, check the official case docket or contact the county clerk’s office for clarification. You can locate your clerk via the Texas Judicial Branch directory.
Can Individuals with Prior Convictions Ever Become Eligible for an Order of Nondisclosure?
Yes — under certain limited circumstances, individuals with prior convictions may still qualify for an Order of Nondisclosure in Texas.
Texas law (see Texas Gov’t Code §411.073) allows people who were convicted of certain misdemeanors and successfully completed their sentence to apply for a nondisclosure after a waiting period, provided they meet these conditions:
- The conviction was for a nonviolent misdemeanor (no family violence or sex-related offenses).
- The person has no other convictions or pending charges during the waiting period.
- They have fully completed community supervision, fines, and restitution.
Waiting periods typically range from:
- Two years after sentence completion for specific misdemeanors, or
- Immediately after discharge for low-level offenses.
For example, someone convicted of a first-time, low-level theft or drug possession offense may qualify after demonstrating good behavior and compliance.
However, any conviction involving family violence, stalking, or weapons automatically disqualifies an applicant from nondisclosure eligibility.
Why Seek a Nondisclosure Order?
In today’s digital age, background checks are performed by nearly every major employer and landlord in Texas.
Platforms like Checkr and GoodHire automatically scan public criminal databases. If your record isn’t sealed, these platforms can display old cases—even if they were dismissed years ago.
An Order of Nondisclosure helps you:
- Pass employment background checks.
- Qualify for housing and credit applications.
- Restore professional licensing eligibility.
- Reclaim your privacy and peace of mind.
The Bottom Line
An Order of Nondisclosure in Texas can be life-changing. It gives you a clean slate while preserving your legal record for law enforcement purposes.
If you think you might qualify, don’t wait—consult a Texas criminal defense attorney familiar with record sealing or deferred adjudication nondisclosures. The sooner you file, the sooner you can start fresh.
For more information, contact our team at Michael & Associates for a free consultation. Our attorneys will review your case to determine your eligibility.
FAQs
How long does it take to get an Order of Nondisclosure in Texas?
The process typically takes 4 to 6 months from the date you file your petition. This depends on your county, whether a hearing is required, and how quickly the Texas Department of Public Safety updates your sealed record.
Does an Order of Nondisclosure remove my record from background checks?
Yes—once granted, it seals your record from public and private background checks. However, law enforcement and certain state licensing agencies can still access it.
Can I apply for an Order of Nondisclosure without an attorney?
Yes, you can file the petition yourself, but working with an experienced criminal defense attorney is strongly recommended. They can confirm eligibility, handle filings, and increase your chances of approval. Contact our team for a free consultation.
Source
This information is detailed in Government Code, Chapter 411, Subchapter E-1, and has been verified by Michael & Associates' research team.
