Texas Nondisclosure Statute Guide – If you have a criminal record in Texas and want to limit who can see it for jobs, housing, or licensing, the Texas nondisclosure statute may offer relief. Under Texas Government Code Chapter 411, Subchapter E-1, eligible individuals can petition for an order of nondisclosure. This court order seals specific criminal history record information from public view while allowing limited access by certain agencies.
This comprehensive guide explains the Texas nondisclosure statute, eligibility, types of orders, filing process, recent updates, and more. Note: This article is for informational purposes only and is not legal advice. Laws can change, and your specific case requires review by a qualified Texas attorney or legal aid organization.
What Is the Texas Nondisclosure Statute?
The Texas nondisclosure statute refers to Subchapter E-1 of Chapter 411 of the Texas Government Code (Sections 411.071–411.077). It authorizes courts to issue orders of nondisclosure for certain criminal offenses.
Unlike expunction (which destroys records), a nondisclosure order seals the information so most public entities—including courts, law enforcement, and prosecutors—cannot disclose it. You generally do not have to mention the offense on most employment or licensing applications. However, records remain accessible to specific state agencies, licensing boards, and for certain criminal justice or regulatory purposes.
Key point: An order applies only to one specific offense. You can seek multiple orders for different cases.
Nondisclosure Order vs. Expunction: Key Differences
Many people confuse nondisclosure with expunction. Here’s a quick comparison:
- Expunction: Permanently destroys or removes records (stronger relief, but stricter eligibility).
- Nondisclosure: Seals records from public disclosure but does not erase them (broader eligibility for deferred adjudications and some convictions).
Nondisclosure is often the right path for deferred adjudication cases or certain misdemeanors where expunction is unavailable.
Who Qualifies for a Texas Nondisclosure Order?
Basic eligibility is governed by Government Code § 411.074. You must not have:
- Ever been convicted or placed on deferred adjudication for serious offenses (e.g., sex offenses requiring registration, murder, capital murder, trafficking, injury to a child/elderly/disabled, family violence offenses, stalking).
- An affirmative court finding of family violence.
- Any new convictions (other than fine-only traffic tickets) during the waiting period or after the case.
Additional requirements vary by the specific type of order. You must also have completed all sentence terms, including fines, costs, and restitution.
Types of Nondisclosure Orders Under Texas Law
Texas law provides several specific categories. The most common include:
- § 411.072: Certain nonviolent misdemeanors dismissed after deferred adjudication (automatic in many cases after Sept. 1, 2017 discharge).
- § 411.0725: Felonies and other misdemeanors after deferred adjudication (requires petition and “best interest of justice” finding).
- § 411.0726: DWI/BWI misdemeanors after deferred adjudication (with restrictions like no collision involving others).
- § 411.0727: Successful completion of Veterans Treatment Court Program.
- § 411.0728: Victims of trafficking of persons or compelling prostitution (expanded in 2025).
- § 411.0729: Certain veterans reemployment programs (often automatic).
- § 411.073 / § 411.0731 / § 411.0735 / § 411.0736: Certain misdemeanor convictions after probation or without probation (including specific DWI rules with ignition interlock considerations).
Use the Office of Court Administration’s eligibility questions or TexasLawHelp tools to determine the correct section for your case.
Step-by-Step Guide to Filing for a Nondisclosure Order in Texas
- Confirm eligibility — Review your case using a DPS criminal history report and the specific statute section.
- Gather documents — Judgment, discharge/dismissal orders, probation completion proof, etc.
- File the petition — Submit to the clerk of the court that handled your original case (in person, mail, or electronically). Some types are automatic and require no petition.
- Pay fees or request waiver — Typical civil filing fees apply (sometimes $28 or less); low-income waivers are available via Form 129 or local rules.
- Serve notice — The court notifies the prosecutor; a hearing may be held if requested.
- Court ruling — If eligible and in the “best interest of justice,” the judge signs the order.
Model forms and instructions are available on TexasLawHelp.org and the Texas Judicial Branch website.
Required Documents and Evidence
Commonly needed:
- Copy of the judgment or order
- Proof of completion/discharge of deferred adjudication or probation
- Any “best interest” or family violence findings
- Your DPS criminal history report
Keep originals and make copies. Missing documents is a frequent reason for denial.
What Happens After a Nondisclosure Order Is Granted?
- The clerk sends the order to the Texas Department of Public Safety (DPS) within 15 business days.
- DPS seals the records within 10 business days and notifies other agencies.
- Agencies must seal their copies within 30 business days.
- You are legally protected from having to disclose the offense in most situations.
Private background check companies can be notified through organizations like the Foundation for Continuing Justice.
Limitations and Exceptions to Nondisclosure Orders
Even with an order:
- Certain licensing boards, schools, hospitals, and law enforcement can still access the information.
- Federal agencies or national background checks (e.g., FBI) may still see it in some cases.
- You must still disclose if applying for certain sensitive positions (e.g., peace officer, school teacher with specific rules).
The order does not prevent disclosure in court proceedings where the information is admissible as evidence.
Recent Changes to the Texas Nondisclosure Statute
- 2025 updates (effective September 1, 2025): Expanded eligibility for victims of trafficking under § 411.0728.
- Earlier reforms (2015–2023) broadened access for deferred adjudications, veterans programs, and certain misdemeanors while adding DWI safeguards.
No sweeping changes have been reported for 2026, but always verify with current statutes or legal aid.
Common Mistakes to Avoid
- Filing under the wrong statute section.
- Missing waiting periods (e.g., 2–5 years for some convictions).
- Failing to prove “best interest of justice” when required.
- Not obtaining a recent DPS criminal history report.
Frequently Asked Questions About Texas Nondisclosure Orders
How long does it take?
Typically 2–6 months, depending on court backlog and whether a hearing is needed.
How much does it cost?
Filing fees vary by county; waivers are common for low-income applicants.
Can I get nondisclosure for a felony?
Yes, under § 411.0725 in many deferred adjudication cases.
Does nondisclosure clear my record for federal background checks?
Not always—federal access rules differ.
Is there a difference between nondisclosure and sealing?
In Texas, the terms are often used interchangeably for these orders.
When to Consult a Texas Attorney or Legal Aid?
If your case involves complex factors (multiple offenses, DWI, veterans status, or trafficking), or if you were denied previously, consult an attorney. Free or low-cost help is available through:
- TexasLawHelp.org
- Local legal aid societies
- County law libraries
- Veterans legal clinics
Final Thoughts on the Texas Nondisclosure Statute
The Texas nondisclosure statute provides meaningful second-chance relief for thousands of Texans each year. Understanding eligibility and following the correct procedure under Government Code Chapter 411 is essential for success.
Start by visiting TexasLawHelp.org for free forms and guides or contact the Office of Court Administration for the latest overview. For personalized help, reach out to a Texas criminal defense or expunction attorney today.
Last updated for accuracy as of April 2026 based on official Texas statutes and TexasLawHelp resources. Laws evolve—verify the most current version at statutes.capitol.texas.gov.