Understanding Nondisclosure Orders in Texas

In Texas, nondisclosure orders provide individuals with the opportunity to seal certain criminal records from public view. Unlike an expunction, the records remain on file and can be viewed by law enforcement, courts, and certain licensing agencies. But as a tradeoff, many more cases are eligible for an order of nondisclosure. This legal mechanism can significantly impact one's ability to secure employment, housing, and other opportunities. However, not all offenses are eligible for nondisclosure, and there are specific waiting periods and case outcomes that must be met. Let's delve into the details.

Offenses That Cannot Be Sealed by an Order of Nondisclosure

Certain offenses are explicitly excluded from being sealed by an order of nondisclosure in Texas. More significantly, a person who has ever been convicted or placed on deferred adjudication for one of these offenses cannot obtain an order of nondisclosure for any offense, even if unrelated to the listed offense. Some examples include:

• Sexual offenses: Any offense that requires registration as a sex offender.

• Family violence: Offenses involving family violence.

• Aggravated offenses: Aggravated kidnapping, aggravated robbery, and other serious violent crimes.

• Capital offenses: Capital murder and other capital felonies.

• Certain misdemeanors: Offenses such as indecent exposure and public lewdness.

  
  

For example, if a person obtains a deferred adjudication for an offense otherwise eligible for an order of nondisclosure--such as possession of marijuana--and successfully completes their deferred adjudication, the law prohibits that person from obtaining an order of nondisclosure if they have a previous and otherwise-unrelated deferred adjudication for an offense involving family violence.

Waiting Periods for Different Classes of Offenses

The waiting periods for obtaining an order of nondisclosure vary based on the type of offense and the outcome of the case. A new offense resulting in deferred adjudication or conviction during the waiting period, will affect eligibility for a nondisclosure order. Here are the general waiting periods:

• Deferred Adjudication for Nonviolent Misdemeanors: No waiting period if the offense was dismissed after September 1, 2017.

• Convictions for Certain Misdemeanors: Two years from the date of completion of the sentence, including any term of probation. This waiting period applies to several categories of offenses, including assault, some sexual offenses, and some weapons offenses.

• Deferred Adjudication for DWI Misdemeanors: Two years from the date of discharge and dismissal.

• Convictions for Certain DWI Offenses: Five years from the date of completion of the sentence, including any term of probation, or three years if the sentence included 6+ months of an ignition interlock device.

• Deferred Adjudication for Felonies: Five years from the date of discharge and dismissal.

Case Outcomes Eligible for Nondisclosure

To be eligible for an order of nondisclosure, the following case outcomes must be met:

• Deferred Adjudication: The individual must have successfully completed deferred adjudication community supervision and received a discharge and dismissal.

• Convictions: Certain misdemeanor convictions are eligible if the individual has completed the sentence, including any term of probation.

• Veterans Treatment Court Program: Successful completion of the program can make an individual eligible for nondisclosure.

• Victims of Trafficking: Certain victims of trafficking or compelling prostitution may be eligible for nondisclosure.

  
  

Obtaining an order of nondisclosure can be a complex process, and it is essential to understand the specific requirements and limitations. Consulting with a legal professional can provide valuable guidance and ensure that all necessary steps are taken to achieve a successful outcome.

Feel free to reach out if you have any questions or need further assistance!