Texas Order of Non-Disclosure Attorneys
Last updated: May 2026
A Texas Order of Non-Disclosure seals a criminal record from public databases while leaving it accessible to law enforcement and certain licensing authorities. Unlike expunction, non-disclosure does not destroy the record — it removes it from background checks used by most private employers and landlords. The statute (Government Code Chapter 411, Subchapter E-1) was significantly expanded in 2015 and again in 2017.
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).
Frequently asked questions
Will a sealed record show up on a fingerprint check?
Law enforcement, government agencies, and certain licensing bodies (medical, legal, education, financial) can still see sealed records. Private employer background checks generally cannot.
How long does the process take?
Petition-based non-disclosure typically takes 60 to 180 days from filing to order entry. Automatic non-disclosure should be issued by the court once eligibility is confirmed.
How much does it cost?
Court filing fees commonly range from $280 to $400. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.
Can multiple offenses be sealed at once?
Each offense must be analyzed individually. A single petition may cover multiple eligible cases in the same county if filed together. Cases in different counties require separate filings.
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Browse verified attorneys in Texas who handle non-disclosure cases. Every listing is built from Texas State Bar public records.
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