Texas dismissal nondisclosure — Gov § 411.0728

Texas dismissal nondisclosure is governed by Government Code § 411.0728. The rule defines the State's required steps, the defendant's rights at this stage, and the consequences of noncompliance. Below: the statutory text, the standard of practice in Collin, Dallas, Denton, and Tarrant Counties, and what a defendant should know before this stage.

The controlling statute

Texas Government Code § 411.0728 provides a nondisclosure remedy for defendants whose cases were dismissed after successful completion of a pretrial intervention program or specialty court — including veterans treatment court, mental-health court, and certain drug courts. Where the dismissal does not qualify for expunction (e.g., dismissed with a contractual waiver of expunction rights), nondisclosure under § 411.0728 preserves a sealing remedy. The petitioner must file in the court of disposition and show completion of the program plus compliance with statutory eligibility.

Classification & punishment range

Elements the State must prove

To convict on a Texas Gov § 411.0728 charge, the State must prove every element beyond a reasonable doubt:

1. Case dismissed after completion of pretrial intervention or specialty court program
2. Program participation under a court-approved diversion track
3. No disqualifying offense under § 411.074(b)
4. Waiting period elapsed (variable; often immediate after dismissal for many programs)
5. Petition filed in court of disposition with completion documentation
6. Court finds nondisclosure serves the best interest of justice

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Dismissal Nondisclosure case:

• Identify whether the dismissal qualifies for expunction under CCP Art. 55.01(a)(2)(A) — expunction is stronger and preferred if available
• Where pretrial intervention contracts waived expunction rights, pursue § 411.0728 nondisclosure as the alternative
• Compile program-completion documentation — discharge letters, certificates, restitution receipts
• Verify no disqualifying offense under § 411.074(b)
• Coordinate with the prosecutor for an agreed order; many specialty courts have streamlined post-completion sealing
• Distribute the order to DPS and major background databases post-issuance

Enhancements & collateral consequences

Section 411.0728 is the safety-net statute for diversion-program dismissals where expunction is unavailable. Veterans treatment court, drug court, mental-health court, and some prosecutor-run pretrial diversion programs use waivers of expunction in exchange for early dismissal — nondisclosure preserves a sealing remedy. The 2019 expansion of dismissal-based nondisclosure reflects legislative recognition that diversion graduates deserve a record-sealing path.