Texas non-disclosure under Government Code §§ 411.072 (automatic for some misdemeanors), 411.0725 (petition-based for most other offenses), and 411.0727 (DWI deferred specifically) seals the case from most public-access background checks. Eligibility depends on the offense type, deferred vs. straight probation, waiting period, and absence of disqualifying convictions.
The three principal non-disclosure provisions
Texas has three principal non-disclosure provisions. § 411.072 provides automatic non-disclosure for certain first-offense Class C misdemeanors. § 411.0725 is the petition-based provision for most other offenses. § 411.0727 covers DWI deferred adjudication specifically.
§ 411.072 — Automatic non-disclosure: applies to certain first-offense Class B and C misdemeanors where the defendant completed deferred adjudication. The non-disclosure is "automatic" in the sense that it issues without petition once the waiting period elapses, but the case must qualify under the specific statutory criteria and the clerk must process the non-disclosure.
§ 411.0725 — Petition-based non-disclosure: applies to most other offenses where the defendant completed deferred adjudication. Requires the defendant to file a petition with the court, demonstrate eligibility, and obtain a court order of non-disclosure. The petition process involves more documentation and judicial review than the automatic version.
§ 411.0727 — DWI deferred adjudication: created by the 2019 amendments specifically for DWI deferred adjudication cases. The defendant must wait 2 years after discharge (3 years if any disqualifying issue) and meet specific eligibility criteria before petitioning. Created in conjunction with the SB 2048 reintroduction of DWI deferred.
Eligibility under § 411.0725
§ 411.0725 is the most-used petition-based non-disclosure provision. Eligibility requires deferred adjudication (not straight probation), successful completion, no disqualifying offenses on the defendant's record, and the running of the waiting period.
Eligibility under § 411.0725 requires: (1) the defendant successfully completed deferred adjudication for the offense being sealed; (2) the defendant was discharged and the case was dismissed under article 42A.111; (3) the waiting period has elapsed (typically 2-5 years depending on offense category); (4) the defendant has no disqualifying convictions on record; (5) the defendant has not been convicted of or placed on deferred adjudication for any of the specified disqualifying offenses since the original case.
Disqualifying offenses under § 411.0725(b) include: most violent offenses; sex offenses including kidnapping, indecency, sexual assault, aggravated sexual assault, sex trafficking; family-violence offenses; weapons-related offenses; and DWI offenses (which are addressed separately under § 411.0727).
Waiting periods vary by offense category: (a) misdemeanor offenses — 2 years after discharge; (b) felony offenses — 5 years after discharge; (c) some specific offenses have different waiting periods. The waiting period runs from the date of discharge/dismissal under article 42A.111, not from the original offense date.
The petition process
The non-disclosure petition is filed in the original supervising court. The petition must include specific information about the case, eligibility verification, and a sworn statement. The court reviews and grants or denies based on the public-interest standard.
The non-disclosure petition under § 411.0725 must include: (1) identification of the original case (court, case number, offense, date of discharge); (2) attestation that the case was completed successfully under deferred adjudication and dismissed; (3) attestation that the waiting period has elapsed; (4) attestation that the defendant has no disqualifying convictions or pending charges; (5) certified copies of the original judgment of dismissal under article 42A.111; (6) filing fee (typically $30-$50, varies by court).
The court reviews the petition. Some courts grant routinely on showing of eligibility; others require hearings. The state can oppose; common state arguments include: the defendant has subsequent disqualifying offenses; the petition contains inaccurate information; the public interest weighs against non-disclosure for the specific offense.
The court applies a "public interest" standard. Some courts apply this narrowly (essentially requiring statutory eligibility); others apply it more broadly to weigh the type of offense, the seriousness of the underlying conduct, the defendant's post-discharge conduct, and the specific employment or reputation interests at stake. Defense counsel familiar with the specific court's practices can prepare the petition to address likely concerns.
Effect of non-disclosure
A non-disclosure order seals the case from most public-access background checks. Government law-enforcement entities and a defined list of specific agencies retain access. The defendant can legally state on most employment applications that they have not been convicted of the offense.
When granted, a non-disclosure order under any of the three provisions seals the case from most public-access background checks. Routine commercial background checks (employment, housing, credit) cannot access the sealed case. The defendant can legally state on most employment applications that they have not been convicted of the offense — though some specific licensure questions (medical, legal, financial-services, child-care, education) may require disclosure.
Entities that retain access despite non-disclosure under § 411.081 include: criminal-justice agencies, child-care licensing, public school districts, banking regulators (in specific contexts), the State Bar of Texas (for attorney admission), the Texas Medical Board, the Texas Board of Nursing, the Texas State Board of Pharmacy, several other licensing boards.
The non-disclosure does not affect the underlying case from the defendant's own perspective — the defendant must answer truthfully under oath, retains the right to view the records, and can request inspection by qualified parties. Non-disclosure also does not necessarily affect immigration consequences — federal immigration law looks at the underlying conviction (which deferred adjudication produces for immigration purposes) regardless of state non-disclosure.
Related topics
This page is part of the Texas Probation and Deferred Adjudication compendium. Continue with related topics:
Texas community-supervision question?
Whether you are pre-plea evaluating options, navigating supervision, or facing a motion to revoke or adjudicate — early counsel can substantially improve outcomes.
FAQ
How does this topic interact with the rest of Texas community supervision?
This page covers one piece of the Texas community-supervision framework under Code of Criminal Procedure Chapter 42A. The pillar guide at /texas-probation-deferred-adjudication/ covers the full framework; this satellite focuses on one aspect in depth. Defense counsel evaluates each case across all relevant provisions.
Does this topic apply in Collin, Denton, Dallas, and Tarrant counties?
Yes. Texas Code of Criminal Procedure Chapter 42A applies statewide. Local court practices, prosecutor policies, and supervising-officer discretion vary by county; the substantive framework is the same. L and L Law Group practices community-supervision matters in the four North Texas counties plus surrounding jurisdictions.
Should I retain counsel for this issue?
Texas community-supervision questions — pre-plea evaluation, condition modification, motion-to-revoke or motion-to-adjudicate defense, early termination, transfer, ODL, non-disclosure — typically benefit substantially from counsel. Each decision has cascade effects that can be hard to assess without experience in the specific procedural context.
Last reviewed: May 17, 2026 by Njeri London