Can I Get My Record Sealed in Texas? Order of Nondisclosure Eligibility

In Texas, you may be able to seal a criminal record from public view through an order of nondisclosure. It does not destroy the record. It hides the record from most employers, landlords, and background-check companies, while law enforcement and certain state agencies can still see it. Eligibility depends on the offense, how the case ended, and your criminal history. Most paths run through Texas Government Code Chapter 411, and many carry a waiting period before you can file.

Sealing a record is different from erasing one. An expunction under Code of Criminal Procedure Chapter 55A destroys the record entirely, and it only applies to dismissals, acquittals, certain no-bills, and similar outcomes. A nondisclosure is the option many people reach for when the case did not end in a clean dismissal but they still want it off public reach. For the line between the two, see expunction versus nondisclosure in Texas.

What an order of nondisclosure actually does

Picture a file in a government building. An expunction sets that file on fire. A nondisclosure locks it in a vault and limits who has the key.

Once a court signs a nondisclosure order, private parties running a standard background check should not see the sealed offense. That covers most employers and most landlords. The record still exists, though. Law enforcement, prosecutors, and a list of licensing agencies for fields like law, medicine, education, and certain financial work can still access it. You also generally cannot deny the underlying matter under oath in some legal settings.

So a nondisclosure is real relief, but it is not invisibility. Knowing the limits up front saves disappointment later.

The main paths to a nondisclosure

Texas does not use one single rule for every case. The statute splits into several lanes, and which lane you fall into changes the waiting period and the conditions.

Automatic nondisclosure for some first-time misdemeanors

Texas Government Code Section 411.072 covers certain people who got deferred adjudication for a first-time misdemeanor, completed it, and have no disqualifying history. For these cases the sealing is meant to happen without a separate petition, as long as the offense qualifies and the conditions are met. This lane is narrow. It excludes a long list of offenses, including family violence cases and offenses that require sex-offender registration.

Nondisclosure after deferred adjudication for other eligible offenses

Section 411.0725 is the broader deferred-adjudication path. If you completed deferred adjudication and received a discharge and dismissal, and the offense is eligible, you may petition the court to seal it. Some offenses carry a waiting period that runs from the date of discharge, and others let you file right after. The court decides whether sealing is in the interest of justice, so it is not automatic the way Section 411.072 can be.

Nondisclosure after community supervision for certain DWI convictions

Texas opened a path for some first-time DWI convictions through Section 411.0731. This one matters because it reaches an actual conviction, not just deferred adjudication. A person who completed community supervision for an eligible DWI may petition to seal it after a waiting period. The rules tighten if there was a high alcohol concentration or an accident involving another person, and a DWI with a child passenger sits in a different and harder category. If you are weighing this against a DWI charge that is still pending, our DWI defense page explains how the charge itself gets fought first.

Waiting periods

Waiting periods are where good intentions go to die. People assume they can file the day probation ends, and many cannot.

The waiting period depends on the offense and the path. Some misdemeanors allow filing immediately after discharge. Others require a wait of two years. Eligible felony deferred-adjudication cases typically require a longer wait, often five years from discharge. DWI nondisclosures under Section 411.0731 have their own timing, and an interlock requirement during supervision can shorten the wait in some situations. The clock usually starts at discharge and dismissal, not at arrest, and a new offense during the waiting period can reset or block your eligibility.

Because the exact period turns on the specific offense and your record, treat any number you read online as a starting point, not a final answer. A close read of your actual disposition is the only reliable way to know.

Offenses that block a nondisclosure

Some matters cannot be sealed no matter how much time passes. Texas Government Code Sections 411.074 and 411.081 set out the conditions and the disqualifiers.

You are generally barred from a nondisclosure if the case involved:

• Family violence. A deferred adjudication that carries a family-violence finding cannot be sealed. This is one reason the original defense of a family-violence charge matters so much.
• Sex offenses and offenses requiring registration. Cases under the sex-offender registration chapter are excluded.
• Certain violent offenses. Murder, capital murder, and similar offenses are off the table.
• Offenses against children, the elderly, or disabled persons in defined categories.
• Stalking and violations of a protective order in many situations.

A prior conviction or a later offense during the waiting period can also disqualify you even when the offense you want sealed would otherwise be eligible. The bar looks at the whole picture, not just the one case.

The steps to seal a record

Outside the automatic lane, sealing a record is a court proceeding with moving parts.

• Pull your record. You need the exact charge, statute, disposition, and discharge date. People are often wrong about what they actually pled to.
• Confirm eligibility and timing. Match the offense to the right Government Code section and the waiting period.
• File the petition in the correct court, usually the court that handled the case.
• Give notice to the State so the prosecutor can respond.
• Attend the hearing. A judge reviews the petition and, where required, decides whether sealing serves the interest of justice.
• Serve the signed order on the agencies holding the record so they update their files.

One wrong court, one missed agency, or one misread waiting period can sink the petition and cost you months. This is paperwork that punishes guesswork.

Talk to a lawyer about your record

If you want a record sealed, the honest first step is a careful look at your criminal history. Eligibility is offense-specific and history-specific, and no article can tell you whether your case qualifies. Kent Starr handles nondisclosure and expunction work for eligible Collin County dispositions, and a short consultation can confirm which path, if any, fits your situation. Call (214) 982-1408.

Past results do not guarantee future outcomes.

This article is general legal information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney.