Texas standard nondisclosure — Gov § 411.0735

Texas standard nondisclosure is governed by Government Code § 411.0735. 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 § 411.0735 authorizes nondisclosure for certain misdemeanor convictions — meaning a guilty finding, not just deferred — provided the defendant completed community supervision and a five-year waiting period has elapsed. This is the principal sealing remedy for misdemeanor convictions where expunction is unavailable. The petitioner must establish completion of supervision, payment of fees, no intervening convictions, and that no disqualifying offense applies under § 411.074. The court reviews 'best interest of justice' before granting.

Classification & punishment range

Elements the State must prove

To convict on a Texas Gov § 411.0735 charge, the State must prove every element beyond a reasonable doubt:

1. Conviction for an eligible misdemeanor (not on the § 411.074(b) excluded list)
2. Defendant successfully completed community supervision (probation)
3. Five-year waiting period has elapsed since completion of supervision
4. No subsequent conviction (other than fine-only Class C traffic) during the waiting period
5. Petition filed in court of conviction with supporting documents
6. Court finds issuance is in the best interest of justice

Defense strategies

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

• Verify the offense is not on the § 411.074(b) excluded list (sex, family violence, kidnapping, certain weapons)
• Document completion of supervision and full payment of restitution, fees, and fines
• Compile a clean criminal-history printout to demonstrate the 5-year waiting period is met without disqualifying intervening offenses
• Marshal 'best interest of justice' evidence — employment, education, community service, family ties
• Coordinate with the prosecutor for an agreed order to expedite the proceeding
• Address any pending or unresolved cases that could disqualify before filing

Enhancements & collateral consequences

Standard nondisclosure under § 411.0735 differs from automatic nondisclosure (§ 411.072) and deferred-adjudication nondisclosure (§ 411.0725) — it covers actual convictions, not just deferred dispositions. The 5-year wait is the longest in the nondisclosure scheme. Conviction for an excluded offense at any point — past or future — disqualifies the petitioner permanently for any nondisclosure under that chapter. Some DWI convictions have a separate nondisclosure path under § 411.0731 with a 2-year or 5-year wait depending on facts.