Art. 411.0728 non-disclosure after specialty court completion

What Government Code § 411.0728 actually says

Texas Government Code § 411.0728 authorizes an order of non-disclosure of criminal-history record information for a defendant who has successfully completed a specialty court program established under Chapter 121 through 129 of the Government Code. The statute is the procedural bridge between specialty-court graduation and a clean criminal-history record visible to the public.¹

The statute applies to graduations from drug court, DWI court, mental-health court, veterans treatment court, family-violence intervention court, and a handful of other dedicated programs — collectively, the "specialty courts" recognized under Texas law. Completion does not by itself trigger non-disclosure; the defendant must file a petition, the court must enter findings, and the order must issue.

Importantly, § 411.0728 is more permissive than the standard deferred-adjudication non-disclosure pathway under Government Code § 411.0725. The waiting period is shorter, the eligibility filter is narrower (only specialty-court completers qualify), and the discretionary findings the court makes are weighted toward granting the order.

The statute is one of the most defendant-favorable non-disclosure provisions in the Texas code. The legislative intent was to incentivize specialty-court participation by offering a meaningful record-sealing benefit at the end of the program. Defendants who graduate but never file the petition leave that benefit on the table.

Eligibility mechanics — who actually qualifies

Three elements determine eligibility under § 411.0728. First, the defendant must have completed a Texas specialty-court program with a successful discharge documented on the court's docket. Voluntary withdrawal, removal for violations, or termination short of full completion does not satisfy this element. Second, the underlying offense must not be on the categorical ineligibility list at Government Code § 411.074.² Third, the defendant must satisfy the waiting period and be in compliance with court orders.

The ineligibility list at § 411.074 is wide. It includes any offense requiring sex-offender registration, family-violence-affirmative-finding cases under CCP Art. 42.013, murder, capital murder, aggravated kidnapping, and a number of other offenses regardless of disposition. Counsel should run an offense screen against § 411.074 before filing.

The waiting period under § 411.0728 is short — in most cases the petition can be filed immediately after specialty-court graduation, with no additional waiting time. This is the key advantage over § 411.0725 (which carries a two- or five-year wait depending on offense classification).

Filing mechanics in DFW courts

The petition is filed in the court of original conviction. For Collin County drug-court graduates, the petition typically lands back in the 296th or 401st District Court depending on the original case assignment. Dallas County mental-health court graduates file in the originating court, which may be CCC No. 11 (the dedicated mental-health court) or another county court at law. Denton and Tarrant follow the same originating-court rule.

The petition is verified and must include: (a) the cause number and offense of original conviction, (b) confirmation of successful specialty-court completion with documentation from the program coordinator, (c) confirmation that no charges are pending and the defendant has not been convicted of any offense (other than minor traffic) during the relevant period, and (d) a request for findings consistent with § 411.0728.

The court reviews the petition, sets a hearing if any opposing party requests one, and enters findings. If the court grants the order, the Texas Department of Public Safety, all law-enforcement agencies, prosecuting attorneys, and the clerks are required to restrict disclosure of the records to non-criminal-justice entities.

What non-disclosure actually does — and does not do

Non-disclosure restricts public access. It does not erase the records. The distinction matters because clients sometimes ask whether they can answer "no" to background-check questions after a non-disclosure order issues.

The licensing-board carve-out at Gov. Code § 411.0765 matters for professional clients. Medical, nursing, legal, engineering, teaching, child-care, and financial-industry licenses all see the record despite the non-disclosure order. Specialty-court graduates seeking these licenses should plan to disclose the record voluntarily and explain the rehabilitation pathway.

Comparison with § 411.0725 (deferred-adjudication non-disclosure)

Most non-disclosure orders in Texas are issued under § 411.0725, which covers successful deferred-adjudication completion. § 411.0728 is the specialty-court variant. The two statutes overlap but differ in important ways:

The specialty-court pathway is faster and is treated more favorably by some judges who built and staff the program. Counsel sometimes pair the petition with brief statements from the specialty-court coordinator or treatment provider about the defendant's progress — statements that would not be available in a standard deferred-adjudication non-disclosure context.

Which Texas specialty courts qualify under § 411.0728

The eligibility analysis under § 411.0728 turns on whether the program is a recognized specialty court under Government Code Chapters 121–129. The recognized categories include:

Informal probation conditions calling themselves "drug court" without statutory authorization do not qualify. The program must be formally established under one of the listed chapters, with judicial oversight, dedicated docket, and treatment provider integration.

Common pitfalls in § 411.0728 petitions

Five pitfalls recur:

• Insufficient documentation of completion. The petition must include a certificate or order confirming successful graduation. A clerk's docket entry stating "successful completion" sometimes does not satisfy DA office requirements; counsel should obtain a formal completion document from the specialty court coordinator.
• Failure to screen against § 411.074. The categorical ineligibility list at § 411.074 is broad. Filing without first verifying eligibility wastes the filing fee and counsel's time. The screen takes 15 minutes.
• Wrong court of filing. The petition goes to the court of original conviction, not necessarily the specialty court. Many specialty courts are presided over by a judge from a different bench; the petition should be filed in the original court even if the specialty court's judge handled the supervision.
• Outstanding obligations. Unpaid fees, restitution, or court costs from the original case can be the basis for State opposition. Counsel should verify all financial obligations are satisfied before filing.
• Recent traffic citations. Some courts treat recent Class C traffic citations as evidence of ongoing non-compliance. Counsel should be prepared to address any such citations at the hearing.

What to do if you have completed specialty court

If you have graduated from a Texas specialty court within the past 12 months, three steps move the process forward. First, gather the completion certificate or order of dismissal from the specialty court coordinator. Second, run an offense screen against § 411.074 to confirm eligibility. Third, file the petition in the court of conviction with the supporting documentation attached.

The petition can typically be filed without a court appearance if no party opposes. If the State opposes, the court will set a hearing and the defendant must appear. Counsel can resolve most opposition by stipulating to the underlying facts of completion and addressing any "best interest of justice" concerns the State raises.

The relief is real and durable. Specialty-court graduation is one of the few situations in Texas criminal practice where a defendant moves from a conviction-bearing public record to a non-disclosed record in less than a year. Counsel who do not file the petition leave that benefit on the table.

Next steps and the defense lawyer's role

The areas of Texas criminal practice that produce the most case-determinative outcomes are also the areas most likely to be misunderstood by defendants confronting them for the first time. The procedural cascade that begins with arrest and runs through magistration, bond, pretrial motions, plea negotiation, trial, sentencing, and post-conviction relief involves dozens of statutory provisions whose interactions cannot be navigated by reference to summary descriptions alone.

The defense lawyer's role is to map the procedural terrain in real time, identify the leverage points specific to the case, and convert the statutory framework into outcomes that protect the defendant's life, liberty, and long-term interests. The work is detail-intensive and time-sensitive. Counsel who treats the case as a routine application of a familiar pattern misses the leverage that the specific facts present.

For defendants and family members reading this article: the single most important decision in a criminal case is often the choice of counsel. The choice should be made with the same care as a major medical decision. The lawyer's experience in the specific area of practice, the lawyer's familiarity with the specific judges and prosecutors involved, the lawyer's capacity to dedicate the time the case requires, and the lawyer's communication style with the client all matter. A free consultation is the right first step. The consultation is also the lawyer's best opportunity to evaluate the case and to give the defendant and family a realistic understanding of the road ahead.

L and L Law Group, PLLC handles criminal-defense cases across the nine-county DFW region. We answer the phone 24 hours a day. Initial consultations are free and confidential. We do not require a retainer to discuss your case.