Nondisclosure in Texas
An order of nondisclosure seals the record. Unlike an expunction, which destroys it, nondisclosure prohibits criminal justice agencies from disclosing it to most third parties. The record still exists. Law enforcement can see it. But private employers, landlords, and most licensing boards cannot.
Nondisclosure is the primary remedy when an expunction is not available, most commonly after deferred adjudication.
Who qualifies
Texas nondisclosure law has expanded significantly since 2015. The current categories:
Deferred adjudication. If you successfully completed deferred adjudication and the case was dismissed, you may petition for nondisclosure. Waiting periods: two years for a felony, immediately for most misdemeanors. Some misdemeanors, including certain assaultive offenses, require a two-year wait.
Community supervision (added 2015). If you were convicted and placed on community supervision for a qualifying misdemeanor, you may petition for nondisclosure after completing the sentence and a two-year waiting period.
Completed sentence (added 2017). If you completed a jail sentence for certain qualifying misdemeanors, you may petition after a two-year waiting period.
What is excluded
Not every offense qualifies. Family violence offenses, sex offenses requiring registration, murder, aggravated kidnapping, human trafficking, and stalking are excluded from nondisclosure regardless of the disposition.
Expunction vs. nondisclosure
Expunction destroys the record. Nondisclosure seals it. After an expunction, you can deny the arrest under oath. After a nondisclosure, the record exists but is hidden from most public access.
Expunction is available when the case ended in your favor: acquittal, dismissal, no-bill. Nondisclosure is available when the case ended in a disposition for a qualifying offense: deferred adjudication, probation, completed sentence.
If you qualify for expunction, you want expunction.
Talk to us
713-224-1747.