Texas order of nondisclosure — Government Code Ch. 411

Texas order of nondisclosure is governed by the Texas Government Code. 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 Chapter 411, Subchapter E-1, authorizes orders of nondisclosure that seal eligible criminal records from public view. Unlike expunction (which destroys records), nondisclosure leaves the records intact but bars dissemination to most members of the public. Sealed records remain visible to law enforcement, prosecutors, licensing agencies, school districts, and certain regulated industries enumerated in § 411.0765. Nondisclosure is the principal remedy after successful deferred adjudication or qualifying convictions where expunction is unavailable.

Classification & punishment range

Elements the State must prove

To convict on a Texas Gov § 411.071–411.0775 charge, the State must prove every element beyond a reasonable doubt:

1. Disposition qualifies under a specific Ch. 411 section (e.g., 411.072 automatic; 411.0725 deferred; 411.0735 standard)
2. Applicable waiting period has expired
3. Petitioner has not been convicted of an excluded offense during the waiting period
4. Petitioner has not been previously convicted of an enumerated disqualifying offense
5. Petition or application filed with the trial court
6. Court finds nondisclosure is in the best interest of justice

Defense strategies

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

• Identify the correct Ch. 411 section that applies (automatic 411.072, deferred 411.0725, standard 411.0735, dismissal 411.0728, etc.)
• Verify the petitioner has no disqualifying offense in § 411.074(b) (sex offenses, family-violence, kidnapping, capital, certain firearm offenses)
• Establish completion of supervision and elapse of waiting period (no wait for Class C automatic; 2 years for misdemeanors; 5 years for felonies after deferred)
• Draft the petition with supporting documents — judgment, deferred discharge, completion records
• Argue 'best interest of justice' factors — rehabilitation, family hardship, employment, no recidivism
• Coordinate response from the prosecutor's office; many counties have established positions on common offenses

Enhancements & collateral consequences

Nondisclosure protects the petitioner in most private-sector background checks but the record remains visible to law enforcement (criminal history), licensing boards (legal, medical, nursing, real estate, education), school districts, and entities listed in § 411.0765. Some federal background checks may still see the offense. A new conviction during the waiting period generally disqualifies. Automatic nondisclosure under § 411.072 applies to certain qualifying first-offense misdemeanors with no judicial action required.