Orders of Nondisclosure

Although an order of expunction is not available for you if you have successfully completed deferred adjudication for either a Class B misdemeanor, Class A misdemeanor, or felony offense, the Nondisclosure Act does provide individuals with the ability to seek a limited "sealing" of their Texas criminal history record. Please note that if your deferred adjudication ("deferred disposition") was imposed by the county court, the justice court, or the municipal court for a Class C misdemeanor, then you may be entitled to seek an Order of Expunction in lieu of an order of nondisclosure.

Under the Texas Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the individual was placed on deferred adjudication by issuing an order of nondisclosure. However, there are some offenses for which an order of nondisclosure is permanently unavailable. These offenses include crimes that require registration as a sex offender, aggravated kidnapping, murder, injury to a child, stalking, or any offense that involves family violence. Moreover, an individual may also be disqualified if he/she is convicted or placed on deferred adjudication for any additional offense (other than an offense under the Texas Transportation Code punishable by fine only) during the deferral period or any applicable waiting period.

Applicable Waiting Periods for Filing a Petition for Nondisclosure

You may be required to wait a certain period of time after the date of discharge and dismissal of your criminal case before filing a petition for an Order of Nondisclosure to seal your records. The waiting period, if any, will depend on the type of offense you are seeking to "seal" under your petition for nondisclosure.

5 Year Waiting Period

For ALL Felony Offenses

2 Year Waiting Period

For Misdemeanor Offenses, including, but not limited to, assault, deadly conduct, disorderly conduct, and unlawfully carrying a weapon, etc.*

No Waiting Period

For ALL Other Misdemeanor Offenses

*Includes offenses under Chapters 20, 21, 22, 25, 42, or 46 of the Texas Penal Code.

Effect of an Order of Nondisclosure

After the order of nondisclosure is granted the by court that handled your criminal case, the Texas Department of Public Safety must provide a copy of the order of nondisclosure to all private entities that purchased access to the Texas DPS criminal database. This should prevent members of the general public from having access to information about your criminal offense that is the subject of your order of nondisclosure.

However, in contrast to an order of expunction, certain government agencies or entities will still have access to the information being "sealed" under the order of nondisclosure. These entities include criminal justice agencies, school districts, public hospitals, and state licensing boards. But, 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.

The Deese Law Firm can gladly provide nondisclosure services for persons residing in the Dallas-Fort Worth Metropolitan Area, including within each of the following counties: Dallas, Tarrant, Collin, Denton, Ellis, Hunt, Johnson, Kaufman, Parker, Rockwall, and Wise.

To "seal" your Texas criminal record, call 214.620.0510 to start the process of obtaining your order of nondisclosure for an affordable price!