Order of Nondisclosure in Texas — When Records Get Sealed Instead of Cleared
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
How nondisclosure differs from expunction
| Feature | Expunction | Nondisclosure |
|---|---|---|
| Effect on record | Destroyed | Sealed (still exists) |
| Visible to most employers | No | No |
| Visible to law enforcement | No (limited exceptions) | Yes |
| Visible to government licensing | No (limited exceptions) | Yes (varies) |
| Visible to specific regulated industries | No | Yes (healthcare, education, finance) |
| Can deny on applications | Generally yes | Generally yes (with exceptions) |
| Eligible offenses | Non-conviction outcomes only | Convictions and deferred adjudication, with limits |
Nondisclosure is the next-best option when expunction isn't available.
Nondisclosure pathway by offense type
Different Government Code sections apply to different offense types:
§411.0725 — Standard misdemeanor deferred adjudication. Class A or B misdemeanor deferred adjudication that completes successfully. No waiting period for most offenses; immediate eligibility on discharge.
§411.0726 — Specific misdemeanor offenses. Class C misdemeanors and similar; immediate eligibility.
§411.0727 — Limited misdemeanor offenses. Certain misdemeanors with restrictions.
§411.0728 — Felony deferred adjudication. Successful deferred adjudication on felony charges. 5-year waiting period from discharge for state jail and third-degree; 5 years for second-degree.
§411.0729 — Standard misdemeanor conviction. Conviction nondisclosure available for certain Class A/B convictions after specific waiting periods.
§411.0731 — DWI nondisclosure. DWI deferred adjudication: 2-year wait for under-0.15 BAC; 5-year for 0.15+.
The eligible offense list and the disqualifying offense list under each section are technical. Defense counsel review is essential.
What gets disqualified from nondisclosure
Substantive offense disqualifiers under Government Code §411.074:
- Sex offenses requiring registration
- Capital murder
- Indecency with child
- Sexual assault, aggravated sexual assault
- Prohibited sexual conduct
- Aggravated kidnapping
- Burglary of habitation with intent to commit specific offenses
- Continuous family violence
- Family violence (some provisions)
- Stalking with sexual element
- Various other specific offenses
Procedural disqualifiers:
- Subsequent felony convictions during waiting period
- Pattern of arrests or violations
- Outstanding charges or warrants
- Failure to complete original disposition conditions
The nondisclosure filing process
Procedurally similar to expunction:
- Petition filed with court of original disposition
- Notice to state and arresting agency
- Court hearing or paper review
- Order entered if eligibility met
- Implementation by DPS and other agencies
Filing fee: $300-$500 typically. Attorney fees: $1,500-$3,000.
Effect of order:
- DPS records sealed from public view
- Background check vendors required to delete (limited; private companies may still aggregate)
- FBI/NCIC reflects nondisclosure status
- Defendant can typically deny on standard employment applications
- Specific regulated industries retain access
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Will I lose my nondisclosure if I get arrested again?
Possibly. New arrests during waiting period typically disqualify eligibility. Subsequent felony convictions after order issued may not affect existing nondisclosure but affect future eligibility for additional sealing.
Can I get nondisclosure if I have multiple cases?
Yes, with separate petitions for each. Each case must independently meet eligibility. Some petitioners with multiple cases consolidate filings or stagger them strategically.
Does nondisclosure work for immigration purposes?
Less effective than expunction. Federal immigration law uses its own definition of "conviction" that often includes deferred adjudications and may include sealed records. For non-citizens, separate immigration analysis essential.
How long does nondisclosure take?
3-9 months from filing to court order; 60-180 days for agency implementation. Faster than expunction in some cases due to less complex notice requirements.
Can sealed records ever come up?
Yes, in specific contexts. Law enforcement investigations, security clearance, regulated industry licensing, court proceedings, certain federal applications retain access. For most everyday purposes (private employment, housing, education), sealed records don't appear.
