Texas Sealed Records — What Stays Visible to Whom
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Table of Contents
What sealing does — and doesn't do
An Order of Nondisclosure under Government Code § 411.0735 prohibits criminal justice agencies from disclosing the sealed criminal history information to the public or to most private employers. What sealing does: Records do not appear on standard commercial background checks (Checkr, HireRight, Accurate); records are removed from DPS Computerized Criminal History public-facing database; records can be denied when subject is asked about criminal history under most circumstances. What sealing doesn't do: Records are not destroyed or physically removed from court files; records remain accessible to authorized entities (law enforcement, licensing agencies, certain employers); records remain accessible for criminal investigations and prosecutions; subject must still disclose sealed records when applying for certain licenses or government positions.
Who can still see sealed records
Texas Government Code § 411.0765 lists 22 categories of agencies that can access sealed records: Law enforcement — police, sheriff, DPS, federal agencies. Texas State Board of Pardons and Paroles. Office of the Attorney General. Banking regulatory agencies — Texas Department of Banking; Texas Credit Union Department. Education licensing — State Board for Educator Certification. Healthcare licensing — Texas Medical Board, Board of Nursing, Pharmacy Board, Dental Board. Legal licensing — State Bar of Texas. Financial services licensing — Texas Securities Board; insurance licensing. Other regulatory boards — engineering, architecture, real estate, social work, etc. Public safety positions — peace officers, jailers, security guards, firefighters. Childcare and elder care positions — Health and Human Services Commission. Some federal positions — depending on clearance level required.
Eligibility for nondisclosure
Government Code § 411.0735 specifies eligibility requirements. Successful deferred adjudication — completed deferred adjudication probation without violations. Waiting period after discharge — varies by offense: misdemeanors with no jail typically immediate eligibility; Class A or B misdemeanors with jail eligibility 2 years after discharge; most felonies 5 years after discharge. No subsequent convictions — must not have any other convictions or pending charges during waiting period. Statutorily excluded offenses — DWI, family violence, sex offenses, child abuse, stalking, kidnapping, and several other categories are excluded from nondisclosure regardless of disposition. 2017 HB 3016 — created limited nondisclosure eligibility for first-time DWI with BAC under 0.15 after specific waiting periods.
Process to seal Texas records
To seal records via Order of Nondisclosure: (1) Verify eligibility — check Government Code § 411.0735 against your specific offense, disposition, and waiting period. (2) File petition — Petition for Order of Nondisclosure of Criminal History Record Information in the court that handled the underlying case. (3) Pay filing fee — varies by court, typically $80-$280. (4) Notice to State — petition served on Texas DA's office; state has 45 days to respond (object or not object). (5) Court review — court determines whether granting nondisclosure is in the best interest of justice. (6) Hearing if contested — evidentiary hearing if DA objects. (7) Order if granted — court signs Order of Nondisclosure; clerk transmits to Texas DPS for database update.
Sealing vs. expunction — different remedies
Two different Texas record-relief procedures with different effects. Expunction (CCP Chapter 55): records are physically destroyed and removed from all databases. Subject can legally deny the case ever existed. Eligibility: cases dismissed, acquittals, no-billed by grand jury, completed pretrial diversion (limited cases), arrests not leading to charges after specific time, identity theft. Order of Nondisclosure (Government Code § 411.0735): records are sealed but not destroyed; remain accessible to specified agencies. Subject can deny in most contexts but must disclose for licensing and certain positions. Eligibility: successful deferred adjudication for eligible offenses; some convictions under HB 3016 (limited categories). When to choose which: expunction is preferred when available (eliminates record entirely); nondisclosure is the alternative when expunction isn't available but sealing is.
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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.
Frequently Asked Questions
Does sealing a Texas record remove it from background checks?
From commercial background checks (Checkr, HireRight, Accurate, etc.): yes — sealed records should not appear. From DPS public-facing CCH: yes. From law enforcement and authorized agency searches: no — sealed records remain accessible to 22 categories of agencies under Government Code § 411.0765.
Who can see Texas sealed records?
22 categories of authorized agencies under Government Code § 411.0765: law enforcement, BPP, AG, banking regulators, healthcare licensing boards, education licensing, legal licensing (Bar), financial services licensing, public safety positions, childcare/elder care employers, some federal positions. Standard commercial employers cannot see sealed records.
What's the difference between sealing and expunction in Texas?
Expunction (CCP Chapter 55): records physically destroyed; subject can legally deny case ever existed. Sealing/Nondisclosure (Government Code § 411.0735): records hidden from public but remain accessible to specified agencies; subject can deny in most contexts but must disclose for certain licenses.
Can a Texas DWI be sealed?
Limited eligibility under HB 3016 (2017). First-time DWI with BAC under 0.15 may be eligible for nondisclosure after specific waiting periods (2 years for cases without jail time; 5 years with jail). DWI second offense and all DWI cases with BAC over 0.15 remain excluded.
How long do I have to wait to seal Texas records?
Varies by offense and disposition. Successful deferred adjudication: typically immediate eligibility for most misdemeanors without jail; 2 years after discharge for misdemeanors with jail; 5 years after discharge for most felonies. Specific offense exclusions and longer waiting periods apply to some categories.
