March , 2025

A Clean Slate: Sealing Your Texas Criminal Record with an Order of Nondisclosure

A past mistake shouldn't close the door on your future. In Texas, a criminal charge—even one that was dismissed—can create serious obstacles to securing a job, leasing a home, or obtaining a professional license. Fortunately, the law provides a powerful tool to help you move forward: an Order of Nondisclosure.

An Order of Nondisclosure seals specific criminal records from public view. While an expunction erases the record completely, nondisclosure is available for a much wider range of cases. Once sealed, your record is removed from public databases, meaning potential employers, landlords, and the general public cannot see it. Law enforcement and certain state agencies can still access the information, but for most practical purposes, you get a fresh start.

Navigating the eligibility rules is complex, with strict requirements and waiting periods. Let's break down what you need to know.

The Permanent Bar: Who is Never Eligible?

The most critical rule is that if you have ever been convicted of or placed on deferred adjudication for certain serious offenses, you are permanently barred from obtaining a nondisclosure for any offense—even a minor, unrelated one.

These permanently disqualifying offenses include, but are not limited to:

• Any offense requiring sex offender registration

• Murder or Capital Murder

• Aggravated Kidnapping

• Trafficking of Persons or Continuous Trafficking of Persons

• Any offense involving Family Violence

Patience is Key: Understanding the Waiting Periods

Timing is everything. You must wait a specific period after your case is over before you can petition the court. Any new arrest or charge during this waiting period (for anything other than a fine-only traffic ticket) can reset the clock or disqualify you.

Here are the general waiting periods:

• Many Misdemeanors (Deferred Adjudication): For cases dismissed after successful deferred adjudication, you may be able to file immediately.

• Other Misdemeanors (Deferred Adjudication): For certain misdemeanors (like assault, unlawful restraint, or weapons offenses), you must wait two years from the date of dismissal.

• Misdemeanor Convictions: For the limited types of misdemeanors where you were convicted and served your sentence (including probation), you must wait two years after completing your sentence.

• DWI (Deferred Adjudication): You must wait two years from the date your case was dismissed.

• DWI Convictions: You must wait three years if you had an ignition interlock device on your car for at least six months as part of your sentence, or five years if you did not.

• All Felonies (Deferred Adjudication): You must wait five years from the date your case was dismissed.

What Case Outcomes Can Be Sealed?

To qualify for an order of nondisclosure, your case must have concluded in one of the following ways:

• Successful Deferred Adjudication: You completed your community supervision, and the judge dismissed the charge. This is the most common path to a nondisclosure.

• Certain Misdemeanor Convictions: You were found guilty of a qualifying misdemeanor (most are Class C, but some Class A and B offenses are eligible) and fully completed your sentence.

• Specialty Court Programs: You successfully completed a recognized program like a Veterans Treatment Court.

• Victims of Trafficking: The law provides a path for victims forced to commit certain offenses to seal those records.

Don't Navigate This Maze Alone

As you can see, the rules for nondisclosure are a complex web of offenses, outcomes, and dates. A simple mistake on your application or a miscalculation of your waiting period can lead to a denial, forcing you to wait even longer to clear your name.

An old mistake shouldn't define your future. At Larman Law, we help clients navigate this process with confidence. We can accurately determine your eligibility, navigate the filing process, and represent you in court to give you the best possible chance of success.

Contact our office today for a confidential consultation and take the first step toward putting the past behind you.

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