Texas Order of Non-Disclosure Attorneys

Who is eligible?

Most non-disclosure paths require successful completion of deferred adjudication community supervision and no disqualifying conviction or pending charges. Waiting periods after discharge vary by offense: many misdemeanors have no waiting period, certain misdemeanors require 2 years, and most felonies require 5 years from discharge.

Excluded offenses include those requiring sex-offender registration, family violence offenses, capital murder, aggravated kidnapping, injury to a child or elderly person, stalking, and several others.

Automatic vs. petition-based

Some first-time misdemeanor deferred adjudications qualify for automatic non-disclosure (Section 411.072) without a petition, provided the eligibility conditions are met and the prosecutor does not object. For most other cases, a petition must be filed in the original court.

Even when automatic non-disclosure is available, attorneys often verify the order was actually issued and that public databases were updated.

First-offense DWI non-disclosure (HB 3016)

Effective September 1, 2017, certain first-offense DWI convictions became eligible for non-disclosure. Conditions include: no accident involving another person, no BAC of 0.15 or higher, completion of community supervision or sentence, and a waiting period (2 years if an ignition interlock was used for at least 6 months; 5 years otherwise).

How to obtain a Texas Order of Non-Disclosure

1. Verify eligibility for non-disclosure. Your attorney reviews your deferred adjudication or conviction to confirm it qualifies under Government Code Chapter 411. Successful completion of supervision and no disqualifying offenses are required.
2. Confirm waiting period completed. Verify the applicable waiting period has passed: no wait for many misdemeanors, 2 years for certain misdemeanors, 5 years for most felonies after discharge.
3. Obtain discharge documentation. Request certified copies of the deferred adjudication discharge order or conviction judgment from the court clerk in the county where the case was handled.
4. Run criminal history check. Your attorney orders a criminal history from Texas DPS to verify no disqualifying convictions or pending charges exist.
5. File petition for non-disclosure. Your attorney files the Petition for Order of Non-Disclosure in the original court. Filing fees typically range from $280 to $400.
6. Serve District Attorney. The petition must be served on the District Attorney, who reviews the case and may object if eligibility requirements are not met.
7. Wait for court review. The court reviews the petition and criminal history. If the DA does not object and all conditions are met, the order is typically granted without a hearing.
8. Attend hearing if required. If the DA objects or the judge requests a hearing, your attorney presents evidence that you meet all statutory requirements.
9. Receive Order of Non-Disclosure. Once the judge signs the order, certified copies are sent to Texas DPS and other agencies. The record is sealed from public background checks within 30-60 days.

Statutes cited

• Texas Government Code § 411.072 (Automatic non-disclosure) — Tex. Gov. Code § 411.072
• Texas Government Code § 411.0765 (DWI non-disclosure - HB 3016) — Tex. Gov. Code § 411.0765
• Texas Government Code § 411.081 (Petition-based non-disclosure) — Tex. Gov. Code § 411.081

Frequently asked questions

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