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The L and L Law Group team at our Frisco, Texas office — co-founding partners Reggie London and Njeri London with staff
Our Frisco officeEst. 2011
The L and L Law Group team·Frisco, Texas
Expunction & Sealing · Counsel Evaluation

Choosing a Texas non-disclosure lawyer — what competent counsel delivers

The stakes in a choosing a Texas non-disclosure case in Texas scale with the specific allegations, any enhancements, and the court hearing it. The collateral consequences — employment, professional licensing, housing — often outlast the sentence itself. Our Frisco-based team handles these cases throughout the DFW metro, from Frisco and Plano to McKinney and Denton.

Texas non-disclosure is statutorily denser than expunction — six different Government Code § 411 paths each with its own eligibility framework, its own waiting period, and its own procedural posture, plus the § 411.074 exclusion list that quietly disqualifies large categories of offenses regardless of disposition. The competence gap between a board-certified non-disclosure practitioner and a generalist taking the case as a one-off is large, and the consequences of getting it wrong — a denied petition that cannot be re-filed, a wrong-statute filing that permanently records the error, or a sequencing mistake that bars later petitions under § 411.0729 — are often unfixable. This page is a practitioner-evaluation framework: what to ask in your consultation, what board-certified counsel typically delivers, what fee structures look like in DFW, and the red flags that signal you should keep interviewing.

Choosing a Texas non-disclosure: Texas punishment ranges at a glance
Offense levelConfinementMax finePenal Code
Class B misdemeanorUp to 180 days, county jail$2,000§12.22
Class A misdemeanorUp to 1 year, county jail$4,000§12.21
Third-degree felony2 – 10 years, TDCJ$10,000§12.34
Second-degree felony2 – 20 years, TDCJ$10,000§12.33

Ranges per Tex. Penal Code ch. 12. Enhancements, deadly-weapon findings, and prior convictions can raise the applicable range; some offenses carry their own special ranges.

13 min read 3,380 words Reviewed May 17, 2026 By Reggie London
Direct Answer

Choosing a Texas non-disclosure attorney is a four-question competence check: (1) which Government Code § 411 path applies to my disposition and why; (2) are there § 411.074 exclusion concerns given my full history; (3) what is the waiting period, including interlock-coordination for DWI cases; (4) what mitigation should I gather for the interest-of-justice hearing under Ex parte E.H.? Competent DFW counsel answers each without hesitation, provides a written engagement letter at consultation, quotes a flat fee in the $1,500–$5,000 range (or $3,500–$8,000+ for multi-case sequencing), and runs the § 411.074 exclusion analysis affirmatively. Verify Texas Bar status at texasbar.com and TBLS board certification at tbls.org/AttorneySearch before engagement.

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Key Takeaways
  • Six different Government Code § 411 paths govern Texas non-disclosure — competent counsel maps your disposition to the correct one before filing.
  • § 411.074 exclusion list categorically disqualifies large offense categories — exclusion analysis is a Phase-0 competence check.
  • CCP § 42A.701 set-aside is a prerequisite for § 411.0731 non-disclosure — generalists routinely skip this step.
  • HB 3582 (§ 411.0735) and HB 3016 (§ 411.0736) DWI non-disclosure requires interlock-coordination specialty work that many practitioners have not internalized.
  • Interest-of-justice review after Ex parte E.H. is meaningful discretion — mitigation evidence and hearing framing matter to the outcome.
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Texas Legal Context

What the statute actually requires

Analytical framework Texas non-disclosure is structurally hostile to self-represented petitioners — six distinct Government Code § 411 paths, a categorical exclusion list at § 411.074, a set-aside prerequisite for the § 411.0731 path, recent DWI-specific frameworks under HB 3582 and HB 3016 that many practitioners have not internalized, and a post-Ex parte E.H. discretionary interest-of-justice review that turns each hearing into an advocacy moment. Choosing the right counsel is itself the first competence test.
5 Texas-specific insights
  1. Six § 411 paths, not one. Government Code §§ 411.0725, 411.0727, 411.0731, 411.0735, 411.0736, and 411.0728 are six distinct non-disclosure paths with different eligibility frameworks, waiting periods, and procedural prerequisites. Competent counsel maps the disposition to the correct path in consultation; a lawyer who treats non-disclosure as a single procedure under "Chapter 411" is signaling a gap.
  2. § 411.074 is the failure point. The exclusion list at § 411.074(b) and the prior-conviction disqualifier at § 411.074(a) account for the largest share of denied non-disclosure petitions. The exclusion analysis must happen before the petition is filed — a denial under § 411.074 is permanent and unrecoverable.
  3. Ex parte E.H. changed the hearing dynamic. Ex parte E.H., 602 S.W.3d 486 (Tex. 2020), confirmed that trial courts have meaningful discretion under the § 411.0725(d) interest-of-justice prong. The hearing is not a formality; mitigation evidence and framing affect the outcome. Counsel who treat the hearing as a paperwork step miss this entirely.
  4. HB 3582 / HB 3016 are recent and undertaught. The 2017 statutes that opened DWI non-disclosure — HB 3582 creating § 411.0735, HB 3016 creating § 411.0736 — are recent enough that the case law is still developing and many practitioners who have been doing non-disclosure for decades have not fully internalized the framework. DWI non-disclosure is a specialty within a specialty.
  5. Set-aside under § 42A.701 is sequencing. For § 411.0731 (HB 3016 misdemeanor conviction) and § 411.0736 (HB 3016 DWI conviction), the petitioner must obtain a judicial set-aside under CCP § 42A.701 before the non-disclosure petition is filed. Filing the non-disclosure petition first produces a denial that may not be curable by amendment. Sequencing is a competence test in itself.
  6. TBLS board certification is the highest-confidence signal. The Texas Board of Legal Specialization certifies approximately 2% of Texas attorneys in any specialty area. Criminal-Law certification specifically signals depth in adjudication and post-conviction work — the universe of practice that includes non-disclosure. Verify at tbls.org/AttorneySearch; the directory is public and the certification is independently administered.

Why non-disclosure needs an advocate — and is harder than expunction for DIY petitioners

Non-disclosure looks deceptively simple — file a petition, attend a hearing, receive an order. The complexity sits below the surface: six different Government Code § 411 paths, the § 411.074 exclusion list, set-aside prerequisites under CCP § 42A.701, and the interest-of-justice discretionary review under Ex parte E.H. Each layer is a place DIY petitioners and generalist counsel make irreversible errors.

Six different statutory paths, each with its own eligibility framework
Texas non-disclosure is not one procedure — it is a family of related but distinct procedures under Government Code §§ 411.0725 (felony and certain misdemeanor deferred), 411.0727 (Class C deferred), 411.0731 (HB 3016 misdemeanor conviction after set-aside), 411.0735 (HB 3582 first-offense DWI deferred), 411.0736 (HB 3016 first-offense DWI conviction), and 411.0728 (human-trafficking victim). The right path depends on the disposition (deferred vs. conviction), the offense category (DWI vs. non-DWI, felony vs. misdemeanor, Class C vs. Class A/B), and the petitioner's history. Filing under the wrong path produces a denial that may not be curable by amendment.
The § 411.074 exclusion list disqualifies whole offense categories regardless of disposition
Government Code § 411.074(b) categorically excludes large offense classes — sex-offender-registration offenses under CCP Chapter 62, family-violence offenses, aggravated kidnapping, murder, capital murder, injury to a child / elderly / disabled, abandoning or endangering a child, certain stalking offenses, violation of a protective order, and others. Section 411.074(a) further disqualifies petitioners with any prior conviction or deferred adjudication. A petitioner who completes deferred adjudication on a non-excluded offense but has a prior conviction (even unrelated) may still be barred under § 411.074(a). DIY petitioners routinely miss this layer entirely.
CCP § 42A.701 set-aside is a prerequisite, not an alternative
For non-disclosure under § 411.0731 (HB 3016 misdemeanor conviction) and § 411.0736 (HB 3016 DWI conviction), the petitioner must first obtain a judicial set-aside of conviction under Code Crim. Proc. § 42A.701. The set-aside motion is a separate filing that must be granted before the non-disclosure petition is filed. Generalist counsel and DIY petitioners regularly skip this step, filing the non-disclosure petition first and producing a denial. The set-aside is discretionary — the court can deny it — and the timing matters: filing the set-aside late in the limitations window can compress the petitioner's strategic options.
Interest-of-justice discretion under Ex parte E.H.
Government Code § 411.0725(d) directs the trial court to issue the order only if the court determines issuance is "in the best interest of justice." The Texas Supreme Court in Ex parte E.H., 602 S.W.3d 486 (Tex. 2020), confirmed this is meaningful discretion — the court can deny even when statutory eligibility is met, and the court need not articulate detailed findings supporting denial. Effective advocacy at the hearing is the difference between grant and denial: mitigation, rehabilitation evidence, and the framing of the petition all matter.

The result is a procedure that looks DIY-friendly on its face — there are non-disclosure self-help packets available from county law libraries and from the State Bar — but is structurally hostile to self-represented petitioners. A petitioner who files under the wrong path, who misses an exclusion-list disqualifier, who skips the set-aside prerequisite, or who walks into the interest-of-justice hearing without mitigation evidence will lose, and the loss is often unrecoverable. Section 411.0729 separately disqualifies petitioners who are "convicted of any offense" between the original disposition and the non-disclosure petition, so a denied first petition combined with subsequent unrelated activity can permanently bar later relief.

Competent counsel does not treat non-disclosure as a paperwork exercise. The work is upfront: mapping the disposition to the correct statutory path, running the § 411.074 exclusion analysis, calculating the waiting period accurately, coordinating any necessary set-aside, and preparing the interest-of-justice presentation. The hearing itself is often brief; the value the lawyer brings is concentrated in the months before the petition is filed.

Evaluating non-disclosure counsel — questions to ask in your consultation

The fastest way to assess a non-disclosure attorney is to ask path-specific questions in the consultation. A practitioner who handles non-disclosure regularly can describe the six § 411 paths from memory, identify which one applies to your disposition, walk through the exclusion analysis, and discuss the interest-of-justice posture in your county.

Start with the six paths. Ask which Government Code § 411 path the lawyer thinks applies to your case and why. A board-certified non-disclosure practitioner answers without hesitation — "§ 411.0725 because you completed deferred adjudication on a non-excluded felony," or "§ 411.0731 because you had a straight probation conviction that needs a set-aside under § 42A.701 first." A generalist taking the case as a one-off often answers in general terms ("non-disclosure under Chapter 411") without identifying the specific subsection. The specificity gap is the first competence signal.

Then ask the exclusion question. "Are there any reasons I might be ineligible regardless of how my case ended?" Competent counsel walks through Government Code § 411.074(a) prior-conviction analysis and § 411.074(b) offense-category analysis, asks about your full criminal history (not just the case you want to seal), and confirms whether anything on the exclusion list applies. A lawyer who does not affirmatively raise the exclusion analysis is missing the single most common reason petitions fail.

Ask about the waiting period. "How long do I have to wait before filing?" The answer varies by path — no wait for most Class B misdemeanors under § 411.0725, two years for HB 3582 first-offense DWI under § 411.0735, five years for many felonies, separate counting rules for multiple offenses. A practitioner who handles these regularly knows the waiting periods cold; a generalist will reach for the statute book in front of you.

Then ask about the interest-of-justice hearing. "What do I need to bring to the hearing?" Competent counsel describes mitigation evidence — employment history, completed treatment, community involvement, character letters — and explains how the petition will be framed for the court. A lawyer who says the hearing is "just a formality" is treating the § 411.0725(d) discretionary review as a rubber stamp, which the Texas Supreme Court in Ex parte E.H. has expressly rejected.

Finally, ask about the set-aside. "If my case was a straight probation conviction rather than deferred, what do we need to do first?" Competent counsel immediately raises CCP § 42A.701, explains the set-aside is a prerequisite to § 411.0731 non-disclosure, and outlines the sequencing. A generalist may not be familiar with the set-aside requirement at all.

Fee structures and the engagement letter — what to expect from DFW counsel

DFW non-disclosure flat fees range from $1,500 to $5,000+ depending on complexity. The single most important document at engagement is not the consultation conversation but the written engagement letter — it locks in scope, fee, and the lawyer's obligations under Texas Disciplinary Rule 1.04.

Uncontested single-case non-disclosure under § 411.0725 (felony or misdemeanor deferred) typically runs $1,500–$3,500 flat across DFW. The work is concentrated upfront — pulling the disposition records, running the exclusion analysis, calculating the waiting period, drafting the petition, filing in the original court, and appearing at the hearing. Hearings are brief; the bulk of the value is in the pre-filing analysis. Some practitioners charge at the lower end for clean cases (no exclusion-list concerns, single case, original court in their home county) and at the higher end for cases requiring out-of-county appearance, mitigation preparation, or coordination with multiple agencies.

Contested or complex cases run higher — $2,500–$5,000 for petitions where the State opposes, where mitigation evidence requires substantial development, where the interest-of-justice posture is uncertain in the assigned court, or where the disposition is right at the boundary of an exclusion category. DWI-specific cases under § 411.0735 (HB 3582 deferred) or § 411.0736 (HB 3016 conviction) also tend toward the higher end because the recent statutory framework (post-2017) requires path-specific work many generalists have not internalized.

Multi-case sequencing — where the petitioner has more than one arrest or disposition — runs $3,500–$8,000+ depending on how many cases are involved and whether set-aside motions under CCP § 42A.701 are required for any of them. The work compounds: the lawyer must sequence the petitions correctly to avoid § 411.0729 disqualifications, may need to file set-aside motions ahead of non-disclosure petitions, and may need to appear in multiple courts in multiple counties. Competent counsel quotes the multi-case engagement as a single integrated representation, not as a series of separate one-off engagements.

The engagement letter is the document that turns the consultation discussion into a binding agreement. Texas Disciplinary Rule of Professional Conduct Rule 1.04(d) requires a writing for contingent fees and the comments to Rule 1.04 indicate writings are best practice for any non-routine fee. A competent engagement letter specifies (1) the statutory path being pursued (§ 411.0725, § 411.0731, etc.), (2) the flat fee or hourly structure with explicit definition of what is included and what is not, (3) the scope of representation (single case vs. multi-case, set-aside coordination if applicable, post-order verification), (4) the lawyer's Rule 1.03 communication duties (update cadence, response time), and (5) termination conditions. A lawyer who does not provide a written engagement letter at the consultation — or who provides only a fee receipt without scope definition — is signaling either inexperience or a casual approach to fiduciary duties that a non-disclosure practitioner should never have.

Watch for fee-structure red flags. A flat fee well below market rate ($500–$1,000 for a § 411.0725 petition) typically signals the lawyer plans to file the petition without doing the full pre-filing analysis — high volume, low margin per case, no exclusion review, no mitigation preparation. A contingency-fee structure tied to grant of the order ("you only pay if we win") is prohibited by Rule 1.04(e)'s ban on contingent fees in criminal matters and is unethical here; if a lawyer offers it, leave. An ambiguous "we'll bill as we go" structure for what should be a flat-fee matter signals the lawyer does not have a settled practice and is making up the engagement on the fly.

The § 411.074 exclusion trap — where DIY petitions fail

Government Code § 411.074(b) categorically excludes large offense classes from non-disclosure, and § 411.074(a) disqualifies petitioners with any prior conviction or deferred adjudication. Verifying exclusion-list status is a Phase-0 competence check that DIY petitioners and generalist counsel routinely skip.

§ 411.074(b) lists offenses categorically ineligible for any non-disclosure path, regardless of disposition: sex-offender-registration offenses under CCP Chapter 62, family-violence offenses (defined by reference to Family Code § 71.004), aggravated kidnapping, certain trafficking offenses, capital murder, murder, injury to a child / elderly / disabled, abandoning or endangering a child, certain stalking offenses, violation of a protective order under PC § 25.07, repeated violation of certain court orders under PC § 25.072, and others. The list is enumerated by Penal Code reference, not by general category — a "family violence" disqualifier turns on the precise § 71.004 conduct definition, not on whether the disposition language used the term. A petitioner whose Class A assault disposition contains an affirmative finding of family violence under CCP Article 42.013 is permanently excluded from non-disclosure under § 411.074(b), even if the underlying conduct would not have triggered family-violence elevation under PC § 22.01(b)(2)(A).

Section 411.074(a) is the catch-all disqualifier most DIY petitioners miss. It bars any petitioner who, between the date of the offense being sealed and the filing of the petition, was convicted of or placed on deferred adjudication for any offense other than a fine-only traffic offense under the Transportation Code. The disqualification is not limited to similar offenses or to offenses that would themselves be excluded under § 411.074(b) — any conviction or deferred adjudication (other than fine-only traffic) triggers § 411.074(a). A petitioner who completed deferred adjudication on a non-excluded offense in 2018, then was convicted of a separate Class B misdemeanor in 2022, is permanently barred from non-disclosure on the 2018 case under § 411.074(a) — no waiting period reset, no separate filing strategy, no cure.

The exclusion analysis is also why multi-case sequencing matters so much. A petitioner with two non-excluded dispositions — say, a 2018 deferred adjudication and a 2020 deferred adjudication — needs to think carefully about which to seal first, because each non-disclosure order that follows the other will trigger the § 411.074(a) "prior deferred adjudication" disqualifier for the second. Section 411.0729 governs the interaction, and the case-specific analysis requires examining (1) the offense levels, (2) the waiting periods, (3) any exclusion-category concerns, and (4) the strategic question of which sealing matters more to the petitioner. Competent counsel works this through before any petition is filed; getting the sequence wrong can mean the second sealing is permanently lost.

DIY petitioners and generalist counsel commonly file petitions without running the § 411.074 analysis — either because they treat the deferred-adjudication-completion language in the disposition as sufficient proof of eligibility, or because they assume the prosecutor will raise any exclusion issue. Neither assumption is safe. The court can deny the petition sua sponte on § 411.074 grounds, and a denial under § 411.074 is permanent — the petitioner cannot re-file the same petition when circumstances change. Asking the lawyer in consultation, "Are there any reasons I might be ineligible regardless of how my case ended?" is a clean way to surface whether the practitioner runs the exclusion check as a Phase-0 step or treats it as an afterthought.

DWI non-disclosure specialty — HB 3582 and HB 3016 fluency

Texas DWI non-disclosure runs on two recent statutes — HB 3582 (Gov Code § 411.0735, first-offense DWI deferred) and HB 3016 (Gov Code § 411.0736, first-offense DWI conviction after set-aside). Many practitioners have not fully internalized the post-2017 framework, and the interlock-coordination requirements are easy to miss.

Before 2017, DWI cases were categorically excluded from non-disclosure. HB 3582 (effective September 1, 2017) created Gov Code § 411.0735, opening non-disclosure for first-offense DWI cases that completed deferred adjudication — the first time deferred adjudication had been available for DWI in Texas. HB 3016 (also 2017) created § 411.0736, opening non-disclosure for first-offense DWI convictions after a judicial set-aside under CCP § 42A.701. Both statutes are recent enough that the case-law landscape is still developing, and many practitioners who have been doing non-disclosure since before 2017 have not fully integrated the new paths into their practice.

The HB 3582 (§ 411.0735) path has specific eligibility constraints that generalists miss. The BAC at the time of the offense must have been less than 0.15 (the § 49.04(d) threshold for the higher penalty); a higher BAC disqualifies the petitioner from this path. The case must have been a first offense — any prior DWI disposition (deferred or conviction) categorically disqualifies. The waiting period is two years after successful deferred-adjudication completion, but if the petitioner had an ignition-interlock requirement, the waiting period is six months after completion of deferred adjudication. The interlock-coordination requirement is in § 411.0735(c) — a competent DWI non-disclosure practitioner asks about interlock history in the consultation; a generalist often does not.

The HB 3016 (§ 411.0736) path applies to first-offense DWI convictions, not deferred-adjudication completions. The petitioner must have completed the sentence (including any probation, fine, and license suspension), must obtain a judicial set-aside under CCP § 42A.701, and must satisfy the waiting period — two years after completion, with the same six-month-after-completion compression where interlock was ordered. Section 411.0736 also incorporates the § 411.074(a) prior-deferred-adjudication-or-conviction disqualifier — a petitioner who has a separate non-DWI conviction in the intervening period is barred.

The interlock-coordination layer matters because the petitioner often does not have current records proving the interlock was used (or not used) and when it was installed and removed. Competent counsel coordinates with the interlock vendor, with the probation department, and with the court to assemble the documentation supporting the compressed waiting period. A generalist who asks the client whether they "had an interlock" without coordinating with the vendor may file the petition with insufficient supporting documentation, producing a denial or a continuance that delays the order.

A practitioner-evaluation question on DWI non-disclosure: "If my case is eligible for HB 3582 non-disclosure and I had an ignition interlock, how does that affect the waiting period?" The correct answer references § 411.0735(c)'s compression from two years to six months for interlock cases. A lawyer who does not know the answer cold should not be your DWI non-disclosure counsel.

Interest-of-justice advocacy — what your lawyer should do at the hearing

After Ex parte E.H., the § 411.0725(d) "best interest of justice" hearing is not a formality. Trial courts retain discretion to deny non-disclosure even when statutory eligibility is met. Effective advocacy at the hearing — mitigation, rehabilitation evidence, and framing — is the difference between grant and denial.

The Texas Supreme Court in Ex parte E.H., 602 S.W.3d 486 (Tex. 2020), addressed the question of whether trial courts have meaningful discretion under the § 411.0725(d) "best interest of justice" prong. The court answered yes — the trial court has substantial discretion to deny a non-disclosure petition even where statutory eligibility is met, and the court need not make detailed findings supporting denial. This is the doctrinal foundation for treating the hearing as an advocacy moment rather than a paperwork step.

Effective interest-of-justice review advocacy starts with mitigation evidence. Competent counsel assembles documentation of post-disposition rehabilitation: completed probation conditions, employment history, vocational training, treatment completion (substance-abuse, mental-health, anger-management as relevant), educational progress, family stability, community involvement, and any specific reason the sealing matters to the petitioner (professional licensing, housing, child custody, federal background checks). The mitigation packet is filed with the petition or presented at the hearing; the goal is to make the case that the petitioner has earned the order, not merely that statutory eligibility is met.

Character letters are an under-used tool. Letters from employers, religious leaders, supervisors, treatment providers, family members, and community references — each specific to the petitioner's conduct since the disposition — collectively answer the interest-of-justice question. Counsel coordinates letter requests, provides templates that highlight the right factual content (rehabilitation, current conduct, the reason sealing matters), and assembles the letters into a court-friendly mitigation exhibit.

Framing matters. The petition itself is often a form document; the framing at the hearing is the lawyer's product. Counsel should be able to articulate, in 60 seconds, why the interest of justice favors the order — the petitioner's post-disposition conduct, the harm continuing exposure causes (employment denial, licensing barriers, housing rejection), and the rehabilitation purpose Government Code § 411.0725 was designed to serve. A lawyer who appears at the hearing without a prepared framing — who simply files the petition and waits for the court to ask questions — is leaving advocacy value on the table.

County variations matter for interest-of-justice work. Collin County tends toward a strict review — judges examine the post-disposition conduct closely and expect substantial mitigation evidence. Dallas County is generally more lenient, with most uncontested petitions granted on the papers. Denton and Tarrant are case-by-case, depending on the court and the underlying offense. Competent counsel adjusts the mitigation packet and the hearing presentation to the county and the assigned judge. A lawyer who handles non-disclosure across DFW knows these variations from repeated experience; a generalist may not.

A practitioner-evaluation question on hearing advocacy: "What mitigation should I be gathering for the hearing?" The correct answer references rehabilitation documentation, character letters, post-disposition conduct, and a specific framing of why sealing matters in the petitioner's life. A lawyer who says "the hearing is usually just a formality" is treating the post-E.H. discretionary review as a rubber stamp, which is both legally incorrect and practically dangerous to the petitioner.

What to do before your consultation — and red flags to walk away from

Three things to gather before your first consultation, four questions to ask in the meeting, and five red flags that signal you should keep interviewing. Texas State Bar verification at texasbar.com is the first check; TBLS verification at tbls.org is the second.

Before the consultation, gather your case documentation. The disposition paperwork (judgment of conviction, order of deferred adjudication, dismissal order, probation discharge), any related documents (set-aside orders if applicable, interlock records for DWI cases), your full criminal history including any cases in other counties, and any documents about the reason sealing matters to you (a denied background check, a licensing application, a job offer contingent on a clean record). Competent counsel needs all of this to run the § 411.074 exclusion analysis and to draft the mitigation packet; gathering it before the consultation accelerates the engagement.

Verify the lawyer's Texas State Bar status at texasbar.com before scheduling. Confirm active status, look at the disciplinary history (any public discipline is a red flag worth discussing), and note when the lawyer was admitted (relevant context, not a competence test). If the lawyer claims board certification, verify it independently at tbls.org/AttorneySearch — board status is the single highest-confidence signal of depth, and a lawyer who claims certification they do not have should be reported to the State Bar.

In the consultation, ask the four specificity questions: (1) Which Government Code § 411 path applies and why? (2) Are there any § 411.074 exclusion concerns given my full history? (3) What is the waiting period for my case? (4) What mitigation should I gather for the hearing? Competent counsel answers each without hesitation. A lawyer who consistently reaches for the statute book, who answers in general terms ("non-disclosure under Chapter 411"), or who treats your specificity questions as adversarial is signaling either inexperience or a casual approach to the practice.

Red flag one: outcome guarantees. Any lawyer who guarantees the petition will be granted is violating Texas Disciplinary Rule 7.02(a)(2)'s prohibition on misleading communications about results. Non-disclosure is discretionary at the interest-of-justice prong; no lawyer can guarantee the outcome. Walk away from guarantees.

Red flag two: no engagement letter. A lawyer who does not provide a written engagement letter specifying scope and fee at the consultation is signaling a casual approach to fiduciary duties under Rule 1.04. The engagement letter protects both parties; its absence protects neither.

Red flag three: unfamiliarity with § 411.074. A lawyer who does not raise the exclusion analysis affirmatively in the consultation — who waits for you to ask before discussing exclusion-list disqualifiers — is treating the most common failure point in non-disclosure practice as an afterthought.

Red flag four: no DWI specialty awareness on a DWI case. If your case is a DWI and the lawyer cannot articulate the HB 3582 (§ 411.0735) vs. HB 3016 (§ 411.0736) framework, cannot discuss the interlock-coordination requirement, or treats the post-2017 framework as identical to the pre-2017 regime, the lawyer is not the right fit for DWI non-disclosure work.

Red flag five: a flat fee well below market. A § 411.0725 petition quoted at $500–$1,000 typically signals high-volume, low-margin practice with little pre-filing analysis. The pre-filing work — exclusion analysis, waiting-period calculation, set-aside coordination if needed, mitigation preparation — is the value the lawyer brings. If the fee does not cover that work, the lawyer is not doing it.

DFW counsel familiarity and cost expectations by county

Each DFW county handles non-disclosure differently in practice — different interest-of-justice posture, different prosecutor positions, different judge tendencies. County-specific practitioner familiarity matters as much as statutory fluency, and DFW fee structures reflect the complexity.

Collin County non-disclosure practice runs out of the Collin County District Clerk's office in McKinney, with petitions assigned to the trial court of original disposition (typically the 296th, 380th, 416th, 417th, or 469th District Courts for felony cases; County Courts at Law for misdemeanors). Collin tends toward a strict interest-of-justice review — judges examine post-disposition conduct closely, expect substantial mitigation, and are not reluctant to deny petitions where the mitigation packet is thin. The Collin County District Attorney's office does not typically oppose uncontested petitions but does scrutinize the § 411.074 exclusion analysis and will object where the prior-conviction or offense-category bars apply. Counsel who practices regularly in Collin knows which courts expect formal mitigation briefs and which accept shorter presentations.

Dallas County non-disclosure runs out of the Dallas County District Clerk's office downtown, with petitions assigned to the original trial court (criminal district courts for felonies, County Criminal Courts at Law for misdemeanors). Dallas is generally more lenient than Collin — most uncontested petitions are granted on the papers, the interest-of-justice review is less searching, and the Dallas District Attorney's office takes a less adversarial position. The mitigation packet still matters where there is any concern (close exclusion-list calls, complex history), but a clean § 411.0725 petition in Dallas is closer to a routine grant than in Collin.

Denton County practice is case-by-case. The 16th, 158th, 211th, 367th, 393rd, and 431st District Courts handle felony non-disclosure; the County Criminal Courts at Law handle misdemeanors. Some Denton judges are more lenient (closer to the Dallas posture); others are more strict (closer to the Collin posture). Counsel who practices regularly in Denton knows which assigned-court draws produce which posture and adjusts the mitigation packet accordingly. The Denton County Criminal District Attorney's office generally takes a moderate position on non-disclosure petitions.

Tarrant County practice runs out of Fort Worth with petitions assigned to the criminal district courts (Criminal District Court Nos. 1–4 and the 213th, 297th, 371st, 372nd, 396th, and 432nd) for felonies and the County Criminal Courts for misdemeanors. Tarrant historically has been more adversarial on non-disclosure than the other three DFW counties — the District Attorney's office actively reviews exclusion-list compliance, has a higher rate of opposing petitions on § 411.074(a) prior-conviction grounds, and at the trial-court level produces more contested hearings. Counsel with Tarrant experience comes prepared for evidentiary hearings rather than expecting paper grants.

Fee structures across DFW reflect this complexity gradient. Single-case uncontested petitions in Dallas run at the lower end of the DFW range ($1,500–$2,500 flat); the same petition in Tarrant or in a strict-review Collin court runs at the higher end ($2,500–$3,500) because the lawyer is preparing for a contested hearing. DWI-specific non-disclosure under § 411.0735 or § 411.0736 adds $500–$1,500 to the base fee for the interlock-coordination and statutory-framework specialty work. Multi-case sequencing in any DFW county runs $3,500–$8,000+, with the higher end where set-aside motions under CCP § 42A.701 are also required.

Timeline expectations: a clean § 411.0725 petition in Dallas can run 60–90 days from engagement to order. The same petition in a strict-review Collin court runs 90–150 days because the mitigation preparation takes longer and the hearing is contested. DWI non-disclosure under § 411.0735 (interlock-coordination required) runs 90–180 days. § 411.0731 cases requiring set-aside coordination under CCP § 42A.701 run 120–240 days because the set-aside motion must be filed and granted before the non-disclosure petition is filed. Multi-case sequencing can extend 6–12 months end to end.

Post-order verification is a step generalists often skip. After the order issues, the Department of Public Safety transmits the order to other criminal-justice agencies, but the transmission is not always immediate or complete. Competent counsel verifies — typically 60–90 days after the order — that the sealing has propagated through DPS's CCH database, that private background-check vendors who scraped the public record before the order have removed the entry, and that any specific agency with a prior copy (the petitioner's licensing board, an employer who ran a background check during the case) has been notified. Post-order verification is rarely included in the lowest-quoted flat fees; it should be a line item in the engagement letter.

Defense Strategy

What we evaluate first

Five defense levers do most of the work in Texas evading cases. We evaluate every one before charting a path — suppression first, then knowledge, intent, necessity, and charge-reduction posture together set the strategy.

  1. Pre-engagement eligibility audit across all § 411 paths
    Competent counsel runs the eligibility analysis before the engagement letter is signed — mapping the disposition to the correct path (§ 411.0725, § 411.0727, § 411.0731, § 411.0735, § 411.0736, § 411.0728), examining the petitioner's full criminal history for § 411.074(a) prior-conviction concerns, and confirming the offense is not on the § 411.074(b) exclusion list. This Phase-0 work prevents wasted-engagement scenarios where the petitioner pays for representation on an ineligible case.
  2. § 411.074 exclusion-list verification
    Section 411.074(b) categorically excludes large offense classes; section 411.074(a) bars petitioners with prior convictions or deferred adjudications. Competent counsel runs both prongs against the petitioner's full history — every jurisdiction, every disposition, every case from age 17 forward — and confirms in writing that no exclusion applies before filing. A lawyer who skips this step is signaling either inexperience or a careless approach.
  3. Waiting-period calculation with statutory specificity
    Each § 411 path has its own waiting period. § 411.0725 typically requires no wait for misdemeanors and varying wait periods for felonies depending on offense category. § 411.0735 requires two years after deferred-adjudication completion, compressed to six months if ignition interlock was ordered. § 411.0736 requires two years after sentence completion. Competent counsel calculates the waiting period from documented dates and confirms in writing that the petition is timely.
  4. Set-aside coordination under CCP § 42A.701
    For § 411.0731 (HB 3016 misdemeanor conviction) and § 411.0736 (HB 3016 DWI conviction), competent counsel files the CCP § 42A.701 set-aside motion before the non-disclosure petition. The set-aside is discretionary and requires its own showing (completion of probation, no subsequent convictions, demonstrated rehabilitation). Counsel sequences the filings, attends the set-aside hearing, and confirms the set-aside order before the non-disclosure petition is filed.
  5. DWI-specific HB 3582 strategy with interlock coordination
    For § 411.0735 DWI deferred non-disclosure, competent counsel coordinates with the ignition-interlock vendor, the probation department, and the court to assemble the documentation supporting the compressed six-month waiting period under § 411.0735(c). The interlock-coordination work is specialty work that generalists routinely miss; the documentation gap can produce a denial or continuance even when statutory eligibility is met.
  6. Interest-of-justice advocacy preparation
    After Ex parte E.H., the interest-of-justice hearing under § 411.0725(d) is a meaningful advocacy moment. Competent counsel assembles a mitigation packet — rehabilitation documentation, character letters, employment history, treatment completion, and a specific framing of why sealing matters in the petitioner's life — and presents it at the hearing. The packet is tailored to the county and the assigned judge based on their post-E.H. posture.
  7. Post-order verification across all databases
    After the order issues, competent counsel verifies — typically 60–90 days post-order — that the sealing has propagated through DPS's CCH database, that private background-check vendors who scraped the public record have removed the entry, and that any specific agency with a prior copy has been notified. Post-order verification is often the most undervalued part of competent non-disclosure work; without it, the order can be granted while the petitioner continues to fail background checks for months.
Defense Timeline

How we build the case

Texas evading defense follows a predictable four-phase arc — stabilize and discover (0-15 days), build the suppression record (15-90 days), motion practice and posture (3-6 months), then trial readiness or resolution (6 months+).

  1. Phase 1: Pre-engagement consultation
    Pre-engagement consultation
    Free consultation; gather disposition records, criminal history, and reason-for-sealing context; lawyer maps disposition to correct § 411 path; § 411.074 exclusion-list analysis; waiting-period calculation; flat-fee quote and written engagement letter under Tex. Disciplinary Rule 1.04. Phase ends with signed engagement and retainer.
  2. Phase 2: Pre-filing preparation
    Pre-filing preparation
    Order certified copies of disposition records; coordinate with interlock vendor (DWI cases) and probation department; assemble mitigation packet (rehabilitation documentation, character letters, employment history); file CCP § 42A.701 set-aside motion if § 411.0731 or § 411.0736 path; obtain set-aside order before non-disclosure petition filed. Phase typically 30–90 days.
  3. Phase 3: Petition and hearing
    Petition and hearing
    File non-disclosure petition in court of original disposition with statutory notice to State and to agencies under Gov Code § 411.0755; appear at interest-of-justice hearing under § 411.0725(d); present mitigation packet; rebut any State opposition; obtain order. Phase typically 60–120 days depending on county and contested vs. uncontested posture.
  4. Phase 4: Post-order verification and propagation
    Post-order verification and propagation
    Confirm DPS CCH database has applied the sealing; notify private background-check vendors with the order; confirm sealing has propagated to any agency with a prior copy; coordinate with petitioner's licensing board if professional licensing is implicated. Phase typically 60–90 days post-order.

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Frequently asked questions

Twelve questions we answer most often about Texas evading-arrest cases — penalties, defenses, expunction, court timeline, license impact, and federal-case interaction.

How do I know if a Texas non-disclosure lawyer actually specializes in this work?

Three signals taken together: TBLS board certification in Criminal Law (verify at tbls.org/AttorneySearch — roughly 2% of Texas attorneys hold any board certification), the ability to identify the specific Government Code § 411 path that applies to your disposition without reaching for a reference, and an affirmative discussion of § 411.074 exclusion-list analysis in the consultation. A lawyer who treats non-disclosure as a one-off case, who answers in general terms about "Chapter 411," or who does not raise the exclusion analysis is signaling a competence gap. Ask the four specificity questions — path, exclusion, waiting period, mitigation — and assess the answers.

What questions should I ask in a non-disclosure consultation?

Ask the four specificity questions: (1) Which Government Code § 411 path applies to my case and why? (2) Are there any § 411.074 exclusion concerns given my full criminal history? (3) What is the waiting period, including any interlock-coordination compression for DWI cases? (4) What mitigation evidence should I gather for the interest-of-justice hearing under Ex parte E.H.? Competent counsel answers each question specifically — naming the subsection, walking through the exclusion analysis, calculating the waiting period from documented dates, and describing the mitigation packet. A lawyer who reaches for the statute book, answers in general terms, or treats your questions as adversarial is not the right fit.

What does a Texas non-disclosure lawyer typically charge in DFW?

Single-case uncontested § 411.0725 petitions run $1,500–$3,500 flat across DFW. Contested or complex petitions (close exclusion calls, uncertain interest-of-justice posture, DWI-specific § 411.0735 or § 411.0736 work) run $2,500–$5,000. Multi-case sequencing — petitioners with more than one disposition to seal — runs $3,500–$8,000+, with the higher end where CCP § 42A.701 set-aside motions are also required. A flat fee well below market ($500–$1,000 for a § 411.0725 petition) typically signals high-volume practice with limited pre-filing analysis. Contingency fees ("you only pay if we win") are prohibited by Texas Disciplinary Rule 1.04(e) in criminal matters and should be a walk-away signal.

What is the engagement letter and why does it matter?

The engagement letter is the written agreement between attorney and client defining scope, fee, responsibilities, and termination conditions. Texas Disciplinary Rule 1.04(d) requires a writing for contingent fees and the comments to Rule 1.04 indicate writings are best practice for any non-routine fee. A competent non-disclosure engagement letter specifies the statutory § 411 path being pursued, the flat fee with explicit inclusions and exclusions, the scope (single case vs. multi-case, set-aside coordination if needed, post-order verification), the Rule 1.03 communication cadence, and termination conditions. A lawyer who does not provide a written engagement letter at the consultation — or who provides only a fee receipt without scope definition — is signaling a casual approach to fiduciary duties.

How do I verify that a lawyer is board certified?

The Texas Board of Legal Specialization maintains a public attorney lookup at tbls.org/AttorneySearch. Search by attorney name; the result page lists any specialty certifications held. Board certification is independently administered, requires 5+ years of practice and 60%+ practice concentration in the specialty, requires peer references from judges and opposing counsel, requires passing a written examination, and requires continuing-education compliance. Roughly 2% of Texas attorneys hold any board certification. Criminal-Law certification specifically signals depth in adjudication and post-conviction practice including non-disclosure. Also verify Texas State Bar active status at texasbar.com — check for any public discipline, confirm active status, and note the admission date.

Why is non-disclosure so much more complex than expunction?

Expunction under CCP Chapter 55 has a relatively narrow eligibility framework — primarily favorable case outcomes (dismissal, acquittal, no-bill, Class C deferred completion). Non-disclosure under Government Code Chapter 411 has six different statutory paths, each with its own eligibility framework, waiting period, and procedural posture. The § 411.074 exclusion list disqualifies whole offense categories regardless of disposition. Section 411.074(a) disqualifies petitioners with any prior conviction or deferred adjudication. The post-Ex parte E.H. interest-of-justice review adds a discretionary advocacy layer the court can use to deny even where statutory eligibility is met. The complexity is structural, not cosmetic, and it is the reason DIY non-disclosure petitions fail at much higher rates than DIY expunction petitions.

What is the § 411.074 exclusion list and why does it matter so much?

Government Code § 411.074 has two disqualification prongs. Subsection (b) categorically excludes large offense categories from non-disclosure regardless of disposition — sex-offender-registration offenses under CCP Chapter 62, family-violence offenses (defined by Family Code § 71.004), aggravated kidnapping, murder, capital murder, injury to a child / elderly / disabled, abandoning or endangering a child, certain stalking offenses, violation of a protective order, and others. Subsection (a) disqualifies petitioners with any prior conviction or deferred adjudication other than fine-only traffic. The exclusion analysis must happen before the petition is filed; a denial under § 411.074 is permanent and unrecoverable. Competent counsel runs the analysis as Phase-0 work; DIY petitioners and generalist counsel routinely miss this layer.

My case was a DWI — does that change which lawyer I should hire?

Yes. Texas DWI non-disclosure runs on two statutes created in 2017 — HB 3582 (Government Code § 411.0735) for first-offense DWI deferred adjudication, and HB 3016 (Government Code § 411.0736) for first-offense DWI conviction after CCP § 42A.701 set-aside. The framework is recent enough that many practitioners who have been doing non-disclosure since before 2017 have not fully internalized the new paths. The § 411.0735 path has a specific BAC threshold (less than 0.15 at the time of offense), an interlock-coordination requirement (compressing the waiting period from two years to six months where interlock was ordered), and other specialty elements. A lawyer who cannot articulate the HB 3582 vs. HB 3016 distinction or who treats the post-2017 framework as identical to the pre-2017 regime is not the right DWI non-disclosure counsel.

What happens at the interest-of-justice hearing under Ex parte E.H.?

Government Code § 411.0725(d) — and the parallel provisions in §§ 411.0727 and 411.0731 — direct the court to issue the order only if the court determines issuance is "in the best interest of justice." The Texas Supreme Court in Ex parte E.H., 602 S.W.3d 486 (Tex. 2020), confirmed this is meaningful discretion — the trial court can deny even where statutory eligibility is met, and the court need not articulate detailed findings supporting denial. Effective advocacy at the hearing matters: mitigation evidence (rehabilitation documentation, employment history, treatment completion, character letters), framing (why the interest of justice favors the order), and county-specific posture (Collin tends strict, Dallas more lenient, Denton and Tarrant case-by-case) all affect the outcome. Counsel who treat the hearing as a formality miss this layer entirely.

How long does the process take from engagement to sealed record?

Timeline depends on the path and the county. A clean § 411.0725 petition in Dallas County can run 60–90 days from engagement to order. The same petition in a strict-review Collin County court runs 90–150 days because mitigation preparation takes longer and the hearing is contested. DWI non-disclosure under § 411.0735 (interlock-coordination required) runs 90–180 days. § 411.0731 cases requiring CCP § 42A.701 set-aside coordination run 120–240 days because the set-aside motion must be filed and granted before the non-disclosure petition. Multi-case sequencing can extend 6–12 months end-to-end. Post-order verification adds another 60–90 days to confirm the sealing has propagated through DPS and to private vendors.

What if I have multiple cases I want sealed?

Multi-case sequencing requires careful planning under Government Code § 411.0729 — which disqualifies a petitioner who is "convicted of any offense" between the original disposition and the non-disclosure petition. Each non-disclosure order that follows another can trigger the § 411.074(a) prior-deferred-adjudication disqualifier for the next case. Competent counsel maps all the cases at consultation, sequences the petitions to avoid the § 411.0729 and § 411.074(a) interactions, and runs the eligibility analysis for each separately. The work compounds: multiple set-aside motions if needed, multiple petitions in multiple courts in potentially different counties, multiple hearings. Multi-case engagements in DFW typically run $3,500–$8,000+ as a single integrated representation. Getting the sequence wrong can permanently bar later sealings.

What are the red flags that I should walk away from a non-disclosure lawyer?

Five red flags signal you should keep interviewing. First, outcome guarantees — any lawyer who guarantees the petition will be granted is violating Texas Disciplinary Rule 7.02(a)(2)'s prohibition on misleading communications. Second, no written engagement letter at consultation — a casual approach to Rule 1.04 fiduciary duties. Third, unfamiliarity with § 411.074 — a lawyer who does not raise the exclusion analysis affirmatively is treating the most common failure point as an afterthought. Fourth, no DWI-specific specialty awareness on a DWI case — inability to articulate the HB 3582 (§ 411.0735) vs. HB 3016 (§ 411.0736) framework or the interlock-coordination requirement. Fifth, a flat fee well below market — $500–$1,000 for a § 411.0725 petition typically signals high-volume practice with no pre-filing analysis. Verify Texas Bar status at texasbar.com and TBLS certification at tbls.org/AttorneySearch before engagement.

References

All citations link to statutes.capitol.texas.gov for primary text. Footnote numbers in the body link here; the arrow returns to the citing paragraph.

  1. Tex. Penal Code § 38.04 — Evading arrest or detention.
  2. Tex. Penal Code § 12.21 — Class A misdemeanor punishment range.
  3. Tex. Penal Code § 12.34 — Third-degree felony punishment range.
  4. Tex. Penal Code § 12.33 — Second-degree felony punishment range.
  5. Tex. Penal Code § 9.22 — Necessity affirmative defense.
  6. Tex. Code Crim. Proc. art. 38.23 — Suppression of evidence from unlawful search/detention.
  7. Tex. Code Crim. Proc. art. 39.14 — Michael Morton Act discovery.
  8. Tex. Code Crim. Proc. art. 42A.054 — 3g offenses (not including evading).
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About the authors

The attorneys behind this page

Reggie London

Reggie London

Co-Founding Partner · Criminal Defense Attorney

Admitted in Texas, TXND, TXED, and the U.S. Court of Appeals for the Fifth Circuit. Practice spans DWI, drug, weapons, theft, and process crimes — plus federal practice.

Njeri London

Njeri London

Co-Founding Partner · Criminal Defense Attorney

Texas-licensed criminal defense attorney with deep Fourth Amendment motion practice. Focus: suppression hearings, drug-crime defense, federal-practice support.

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