Emergency? Call Now What is a nondisclosure order?
A nondisclosure order seals part of your criminal record. The order stops public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from sharing information about the sealed offense. If you have a nondisclosure order for an offense, you do not have to enter the offense on most job applications.
There are exceptions. Certain state agencies and licensing boards may still obtain information concerning an offense that is the subject of an order of nondisclosure.
Please note that a nondisclosure order applies only to a particular criminal offense. The order does not apply to all offenses that may be on your criminal history record. However, you may obtain multiple orders of nondisclosure for multiple offenses.
Gov’t Code Section 411.0725
Procedure for Deferred Adjudication Community Supervision; Felonies and Certain Misdemeanors
(a) This section applies only to a person placed on deferred adjudication community supervision under Subchapter C, Chapter 42A (Community Supervision), Code of Criminal Procedure, who:
(1) is not eligible to receive an order of nondisclosure of criminal history record information under Section 411.072; and
(2) was placed on deferred adjudication community supervision for an offense other than an offense under Section 49.04 (Driving While Intoxicated) or 49.06 (Boating While Intoxicated), Penal Code.
(b) Notwithstanding any other provision of this subchapter or Subchapter F, if a person described by Subsection (a) receives a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, and satisfies the requirements of Section 411.074 (Required Conditions for Receiving an Order of Nondisclosure), the person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section.
(c) Except as provided by Section 411.074 (Required Conditions for Receiving an Order of Nondisclosure), a person may petition the court for an order of nondisclosure under this section regardless of whether the person has been previously convicted of or placed on deferred adjudication community supervision for another offense.
(d) After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication community supervision.
(e) A person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section only on or after:
(1) the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2);
(2) the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20 (Kidnapping, Unlawful Restraint, and), 21 (Sexual Offenses), 22 (Assaultive Offenses), 25 (Offenses Against the Family), 42 (Disorderly Conduct and Related Offenses), 43 (Public Indecency), or 46 (Weapons), Penal Code; or
(3) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony.
Gov’t Code Section 411.0726
Procedure for Deferred Adjudication Community Supervision; Certain Driving While Intoxicated and Boating While Intoxicated Misdemeanors
(a) This section applies only to a person who was placed on deferred adjudication community supervision under Subchapter C, Chapter 42A (Community Supervision), Code of Criminal Procedure, for a misdemeanor:
(1) under Section 49.04 (Driving While Intoxicated) or 49.06 (Boating While Intoxicated), Penal Code; and
(2) with respect to which no affirmative finding under Article 42A.105 (Affirmative Findings)(f), Code of Criminal Procedure, was filed in the papers of the case.
(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure if the person:
(1) receives a discharge and dismissal under Article 42A.111, Code of Criminal Procedure;
(2) satisfies the requirements of Section 411.074 (Required Conditions for Receiving an Order of Nondisclosure); and
(3) has never been previously convicted of or placed on deferred adjudication community supervision for another offense, other than a traffic offense that is punishable by fine only.
(c) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition.
(d) Except as provided by Subsection (e), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication community supervision.
(e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle collision involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure.
(f) A person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section only on or after the second anniversary of the date of completion of the deferred adjudication community supervision and the discharge and dismissal of the case.