A non-disclosure is different from an expungement. While an expungement results in the total destruction of your criminal record, a non-disclosure seals the record but does not destroy it. It is possible that record could still show up on your background in some very specific circumstances.
If you have been placed on deferred adjudication for a felony or a misdemeanor A or B, you may have your records sealed by petitioning the court for Texas non-disclosure of your criminal records if deferred adjudication was successfully completed and the charge was dismissed. Once sealed, you will be able honestly say you have not been arrested, placed on deferred adjudication, or convicted. The state will only be allowed to disclose information about the case to certain criminal justice agencies.
Benefits of a Texas Order of Non-Disclosure
- Have your criminal past sealed from public disclosure;
- Tell employers that you have not been convicted of a crime;
- Become eligible for student loans;
- Become eligible for housing assistance;
- Become eligible for more types of professional licenses and certificates
- Tell friends and family that you have not been convicted of a crime
- No more fear or embarrassment when someone does a background check.
Eligibility
To be eligible under Texas nondisclosure law, you must have successfully completed deferred adjudication, and in some instances, meet a waiting period (2 years for some misdemeanors & 5 years for felonies). Not all offenses are eligible. Call Today to See if you are eligible.
- You entered a plea of guilty or no contest; AND
- The judge deferred further proceedings against you and placed you on community supervision (probation) without a finding of guilt; AND
- You have been successfully discharged from community supervision; AND
- The case against you has been dismissed; AND
- You meet waiting period after completing your sentence:
- No waiting period for most misdemeanors
- 5-year waiting period for misdemeanors under Chapters 20 (kidnapping, unlawful restraint), 21(sexual offenses), 22 (assaultive offenses), 25 (offenses against the family), 42 (disorderly related offenses), and 46 (weapons offenses) of the Penal Code
- 5-year waiting period for all felonies.
Some offenses are not Eligible to be Sealed
- 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;
- Murder;
- Injury to a child, elderly individual, or disabled individual;
- Abandoning or endangering a child;
- Violation of protective order or magistrate’s order;
- Stalking; and
- Any other offense involving family violence.
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