Criminal Records

A nondisclosure is a court order that prohibits criminal-justice agencies from disclosing criminal-history information to the public. The process starts with a petition, proceeds to a hearing on eligibility, and if granted seals the record from public view.

The Texas Government Code sets out the requirements for nondisclosure eligibility. In general, the applicant must satisfy the offense-specific statutory conditions, allow any waiting period to pass, avoid prohibited offenses, and show that nondisclosure is in the best interest of justice.

The applicable statutory conditions depend on the offense, when it occurred, and how the case ended. Eligibility often arises after successful completion of deferred adjudication, after successful misdemeanor probation in certain cases, or after completion of some misdemeanor sentences where the law specifically allows sealing.

Waiting periods vary by offense and disposition. Many misdemeanor probation cases can be filed immediately after completion, some nonprobated misdemeanor cases require two years, certain misdemeanor chapters carry a two-year wait, and many felony deferred-adjudication cases require a five-year waiting period after discharge and dismissal.

A person may be barred from nondisclosure if the subject offense or any offense in the person’s history involves sex-offender registration, aggravated kidnapping, certain serious Penal Code sections, or family violence, including cases with an affirmative finding of family violence.

Criminal-history information is easier for the public to find than ever before. If you want the peace of mind that comes from sealing that record and being able to legally deny the arrest in many situations, nondisclosure can be an essential step.