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If you have been successful on
deferred adjudication probation, you may be able to control access to your record
through an Order for Non-Disclosure. To qualify to have your case sealed under an
order of non-disclosure, you must
have been given
deferred adjudication (community service) and successfully completed that probation period. Once you have completed
deferred adjudication community supervision under CCP art. 42.12 and the statutory waiting
period for your offense has passed you may be eligible to have your records sealed by petitioning the court for
non-disclosure of your criminal records pursuant (Government Codes 411.081(d)-(h)).
Once sealed, you may then legally and truthfully deny your criminal conviction. This order prohibits the government
from disclosing your criminal conviction to the public and prevents a private entity that compiles and disseminates for
compensation criminal record information from compiling or disseminating information that is covered by the
order of
non-disclosure. The state will be allowed to disclose information about the case to other criminal justice agencies
for criminal justice or regulatory licensing purposes or any agency or entity listed in Section 411.081(i).
However, sealing a record is not the same as expunging a record. Sealing prevents the release of your record to the
public; however, the record will stay available to the law enforcement community and to certain state agencies such as
most state licensing agencies. In any subsequent criminal proceeding, the information can still be used against you.
What is an Order of Non-Disclosure?
An Order of Non-Disclosure is an order from the court effectively sealing your record from the public. It allows an
individual to deny arrest or prosecution for which public information exists unless they are being prosecuted for a
subsequent offense.
Benefits of a Texas an Order of Non-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
Who is eligible?
You may qualify for an Order of Non-Disclosure if you satisfy the following requirements:
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 (assualtive 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.
Who is not eligible?
The following offenses are not eligible:
Aggravated Kidnapping
Sex Offender
Murder
Capital Murder
Injury to children, elderly, or disabled individuals
Child abandonment or endangerment
Stalking
Family Violence
What is the process?
Contact The Gilbert G. Garcia Law Firm today!
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Once you hire us, we can file a Petition for
Non-Disclosure with the court and a request a hearing to be held to determine if an
Order of
Non-Disclosure can be granted in your case. We will prepare all of the documents for you and deliver them ready to be
signed, notarized and filed with the courts. We will attend the hearing and guide you thru the process.
What happens if the court grants it?
Many Texas agencies are forbidden from disclosing the information to the public. The records are eventually sealed by DPS.
After an Order of Non-Disclosure is granted, entities such as PublicData.com or other background check sites can
be fined for releasing the information.
Please be aware that a criminal justice agency can still disclose criminal history record information that is the
subject of an Order of Non-Disclosure to the non-criminal justice agencies or entities Section 411.081(i) of the government code.
A criminal justice agency may still disclose criminal history record information that is the subject of an
order of non-disclosure
to the following non-criminal justice agencies or entities only:
State Board for Education Certification
School district, charter school, private school, commercial transportation company, or education
shared service arrangement
Texas State Board of Medical Examiners
Texas School of the Blind and Visually Impaired
Board of Law Examiners
State Bar of Texas
District Court regarding a petition for name change
Texas School for the Deaf
Department of Family and Protective Services
Texas Youth Commission
Department of Assistive and Rehabilitative Services
Department of State Health Services
Texas Private Security Board
Municipal of Volunteer Fire Department
Board of Nurse Examiners
Safe house providing shelter to children
Public or Nonprofit Hospital
Texas Juvenile Probation Commission
Securities Commissioner, banking commissioner, savings and loan commissioner, or the credit
union commissioner
Texas State Board of Public Accountancy
Texas Department of Licensing and Regulation
Health and Human Services Commission; and
Department of Aging and Disability Services
The court's order will be sent to the Department of Public Safety. The Department of Public Safety will then send the order to
all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional
facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of
any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe
have criminal history record information that is the subject of the order.
Those entities are obliged not to disclose the deferred
adjudication record information to anyone other than:
Other criminal justice agencies
For criminal justice or regulatory licensing purposes
An agency or entity listed in Section 411.081(i)
The person who is the subject of the order
Benefits of Choosing The Gilbert G. Garcia Law Firm
You will be represented by a lawyer with over
32 years of experience
Committed to effective criminal defense and post-conviction work
Personalized payments plans available and all major credit cards accepted
If you lose your job while your case is pending, you owe nothing more!
Fastest possible results
We serve ALL of Texas
We will write letters to potential employers explaining your case – At no additional charge!
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