An order of nondisclosure is a court order prohibiting public entities such as courts and police departments from disclosing certain criminal records.

It legally frees you from disclosing information about your criminal history in response to questions on job applications. You do not need to mention information related to the offense that is the subject of an order of nondisclosure.

Nondisclosure Basic Qualifications

You are not eligible for an order of nondisclosure if the offense for which you are requesting an order of nondisclosure or any other offense you have ever been convicted or placed on deferred adjudication for was one of the following offenses:  

  • an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
  • an offense under Texas Penal Code Section 20.04 (aggravated kidnapping);
  • an offense under any of the following Texas Penal Code Sections:  19.02 (murder); 19.03 (capital murder); 20A.02 (trafficking of persons); 20A.03 (continuous trafficking of persons); 22.04 (injury to a child, elderly individual, or disabled individual); 22.041 (abandoning or endangering a child); 25.07 (violation of court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case); 25.072 (repeated violation of certain court orders or conditions of bond in family violence, sexual assault or abuse, stalking, or trafficking case); or 42.072 (stalking); or
  • any other offense involving family violence, as defined by Section 71.004, Family Code;
  • if, during the period after you were convicted or placed on deferred adjudication for the offense for which you are requesting an order of nondisclosure, and during any required waiting period after completion of the sentence or deferred adjudication, you were convicted of or placed on deferred adjudication for any offense other than an offense under the Transportation Code punishable by fine only.       

Remember, these restrictions include not only the offense for which you are seeking the order of nondisclosure, but also your entire criminal history.  You are NEVER eligible to receive an order of nondisclosure if you have ever been convicted of one of the preceding types of offenses.

Note: An order of nondisclosure applies to a particular criminal offense. The order does not apply to all offenses that may be on your criminal record, but you may obtain multiple orders of nondisclosure for multiple offenses.

Nondisclosure Qualification, Part 2

You can obtain an order of nondisclosure for offenses covered under:

  • Section 411.072, Government Code (deferred adjudication community supervision; certain nonviolent misdemeanors);
  • Section 411.0725, Government Code (deferred adjudication community supervision; felonies and certain misdemeanors);
  • Section 411.0727, Government Code (successful completion of Veteran’s Treatment Court Program);
  • Section 411.0728, Government Code (victims of trafficking of persons);
  • Section 411.073, Government Code (community supervision following conviction; certain misdemeanors); and
  • Section 411.0731, Government Code (community supervision following conviction; certain Driving While Intoxicated convictions);
  • Section 411.0735, Government Code (conviction; certain misdemeanors).
  • Section 411.0736, Government Code (conviction; certain Driving While Intoxicated convictions).  

Bottom Line

You deserve a fresh start. Let’s evaluate your circumstances to see if you qualify to get your records sealed  Attorney Vince Handler will provide you a free consultation. Contact us today.

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