What Offenses Are NOT Eligible for a Texas Non-Disclosure?
First, it is important to understand what a Texas Non-Disclosure order is and who may qualify for one. Generally speaking, a Texas non-disclosure seals your criminal record from the public. Even though the record still exists, the court orders that all agencies with records related to your offense are prohibited from disclosing the existence of your record. However, it is important to note, that there are still certain agencies that may have access to these records.
You can find a complete list of those agencies on our website. A Texas non-disclosure is a powerful tool which can hide an embarrassing criminal record. You may be eligible to file a non-disclosure to seal your Texas criminal record if you have successfully completed deferred adjudication probation and complied with any applicable waiting period without any further criminal convictions.
Unfortunately, many people discover too late that their offense is not eligible to be sealed even though they have completed their deferred probationary term and the offense was dismissed. There are some Texas criminal offenses that are specifically excluded from ever being sealed.
If you have any questions concerning whether you are eligible to have your Texas criminal record sealed, you can visit our website or you can call us toll-free at (855) 773-4669 and speak with one of our Texas Expungement or Non-Disclosure Attorneys for a FREE eligibility consultation.
The following is a list of offenses that are NEVER eligible to be sealed by an order of non-disclosure:
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Prohibited sexual conduct (incest)
- Aggravated kidnapping
- Burglary of a habitation with intent to commit any of the above offenses
- Compelling prostitution
- Sexual performance by a child
- Possession or promotion of child pornography
- Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
- Attempt, conspiracy, or solicitation to commit any of the above offenses
- Capital murder
- Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violation of protective order or magistrate’s order
- Any other offense involving family violence.
Texas Non – Disclosure Statute, Government Code § 411.081.
A person is not entitled to petition the court under Subsection (d) if the person has been previously convicted or placed on deferred adjudication for:
(1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
(2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;
(3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42. 072, Penal Code; or
(4) any other offense involving family violence, as defined by Section 71.004, Family Code.
(f) For purposes of Subsection (d), a person is considered to have been placed on deferred adjudication community supervision if, regardless of the statutory authorization:
(1) the person entered a plea of guilty or nolo contendere;
(2) the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court; and
(3) at the end of the period of supervision the judge dismissed the proceedings and discharged the person.
For more information on clearing your Texas criminal record or for information on Texas Expungements and Texas Non-Disclosures, feel free to visit our website, call one of our experienced Texas Expungement / Non-Disclosure Attorneys at (855) 776-4669, or contact us online.
In addition to our legal services we also have published several guides such as the Ultimate Guide to Texas Pardons and the Ultimate Guide to Clearing Your Texas Record. These titles are available for purchase through our online store.
John Hopping, Esq.