Sealing Your Record After Deferred Adjudication in San Antonio: The Guide to Orders of Nondisclosure

You completed your deferred adjudication probation, met every condition, and the judge dismissed your case. Congratulations—this was a major achievement. However, a background check still reveals an arrest and a dismissed “deferred adjudication” case, which can raise red flags for employers, landlords, and licensing boards. In Texas, your reward for successful completion is the opportunity to shield this record from public view through an Order of Nondisclosure. This powerful court order does not erase your record but seals it from most public background checks, allowing you to move forward with greater privacy and opportunity. At Barton & Associates, Attorneys at Law, our San Antonio record sealing attorneys specialize in navigating the complex eligibility rules and filing procedures for nondisclosure after deferred adjudication. We help clients across Bexar County secure the confidentiality they earned.

Deferred Adjudication in Texas: A Conditional Dismissal, Not an Erasure

First, understanding your original disposition is key. Deferred Adjudication is a type of community supervision (probation) where you plead guilty or no contest, but the judge defers finding you guilty. If you successfully complete all terms, the case is dismissed and you avoid a final conviction. However, the records of the arrest, court filings, and dismissal remain public unless sealed by a nondisclosure order.

This is the critical gap: a dismissed deferred case is still a public record. An Order of Nondisclosure bridges this gap, offering a “second chance” by restricting who can see it.

What is an Order of Nondisclosure? The Legal Effect of Sealing

An Order of Nondisclosure is a court order that directs state agencies and courts to seal criminal record information related to your deferred adjudication case from most members of the public. Its legal effects are specific:

• It is NOT an Expunction: The records are not destroyed. They are sealed in government files.
• Public vs. Private Access: Once sealed, the record is generally hidden from:
  • Private employers conducting standard background checks.
  • Landlords and rental agencies.
  • The general public.
• Who Can Still See It? The record remains accessible to:
  • State and local criminal justice agencies for law enforcement purposes.
  • Licensing agencies for certain sensitive professions (e.g., law, medicine, nursing, teaching, real estate).
  • Schools when considering someone for employment.
  • Banks and financial institutions.
  • In subsequent criminal proceedings.

In essence, you may legally state on most job applications that you have not been convicted of the offense, but you cannot deny the arrest if asked under oath in a legal setting.

Navigating the Two Pathways: Automatic vs. Petition-Based Nondisclosure

Texas law (primarily Texas Government Code, Chapter 411, Subchapter E-1) creates two main pathways, with strict eligibility rules centered on the offense type and your criminal history.

1. Automatic Orders of Nondisclosure

For a select group of offenses, you may be eligible for an automatic order. If you qualify, you can file a simple request with the court, and—assuming you meet all criteria—the court must issue the order without a hearing.

Eligibility for Automatic Nondisclosure generally requires:

• Successful completion of deferred adjudication for a single, specific non-violent, low-level misdemeanor (the statute lists eligible offenses).
• No prior convictions or deferred adjudications for any offense other than a fine-only traffic violation.
• Full payment of all fines, fees, and restitution (unless waived).
• The waiting period has passed (if applicable—some are immediate upon dismissal).

2. Petition-Based Orders of Nondisclosure

This is the pathway for the vast majority of deferred adjudication cases, including almost all felonies and many common misdemeanors (like DWI). You must file a formal Petition for Nondisclosure and convince a judge to grant it using their discretion.

Key Eligibility Criteria for Petition-Based Nondisclosure:

• Successful Completion: You must have satisfactorily completed your deferred adjudication period, and the court must have formally dismissed the case.
• Waiting Periods: You must wait a mandated period after the dismissal before you can file:
  • For most misdemeanors: 2 years.
  • For most felonies: 5 years.
  • (Notably, a first-time DWI deferred adjudication has a 2-year wait but is subject to specific discretionary factors).
• No Disqualifying Offenses: Certain serious offenses are permanently ineligible for nondisclosure (e.g., offenses requiring sex offender registration, family violence if you have a prior history of it, murder, trafficking, etc.).
• The Judge’s Discretion: Even if you meet the basic criteria, the judge will consider factors like the nature of the offense, your conduct since dismissal, and whether granting the order is in the “best interest of justice.” This is where skilled legal advocacy is essential.

The list below summarizes the key differences between these two pathways:

• Legal Standard: Ministerial (Court must grant if eligible) Discretionary (Judge may grant)
• Common Offenses: Listed, low-level non-violent misdemeanors Most misdemeanors (e.g., DWI) & eligible felonies
• Key Hurdle: Meeting strict “first offender” criteria Persuading the judge via a strong petition & hearing
• Process: Filing a request/notice with the court Filing a formal petition, often with a hearing

The Step-by-Step Process for Securing Your Nondisclosure Order in Bexar County

Step 1: Comprehensive Eligibility Analysis
We begin by obtaining your complete criminal history, pulling the court documents from your deferred case, and analyzing the specific statute of your offense. We determine your correct pathway (automatic vs. petition), calculate your waiting period, and identify any potential barriers.

Step 2: Preparing and Filing the Petition
For petition-based cases, we draft a compelling Petition for Order of Nondisclosure. This document outlines your eligibility, highlights your rehabilitation (steady employment, community ties, etc.), and argues why sealing the record serves the interests of justice. We file it in the original court that heard your case (e.g., Bexar County Court at Law or District Court).

Step 3: Serving the State and Setting a Hearing
We serve the petition on the local District Attorney’s office, which has the right to object. A hearing date is set. For automatic eligibility, this step may be simplified or unnecessary.

Step 4: The Court Hearing (For Petition-Based Cases)
We represent you at the hearing. We are prepared to present argument and, if beneficial, evidence of your rehabilitation (character letters, proof of employment) to persuade the judge. We also counter any objections from the prosecutor.

Step 5: Obtaining and Enforcing the Order
If the judge grants the petition, they sign the Order of Nondisclosure. We ensure it is properly prepared and entered with the court clerk. The court then sends the order to the Texas Department of Public Safety (DPS), which is required to seal the record in its central database and notify other criminal justice agencies.

The Critical Role of an Attorney in the Nondisclosure Process

• Avoiding Costly Errors: Misclassifying your offense, miscalculating a waiting period, or filing under the wrong statute can lead to a denial, wasting filing fees and precious time.
• Building a Persuasive Case: For discretionary petitions, a generic form is not enough. We craft a narrative that presents you as an ideal candidate for a second chance, maximizing your chance of success.
• Navigating Prosecutorial Objections: Some District Attorney’s offices have policies to oppose certain types of nondisclosures. We are experienced in negotiating with local prosecutors and advocating before Bexar County judges to overcome these objections.
• Handling Complex Histories: If you have other minor offenses or complications, we develop strategies to address them within the petition.

The Barton & Associates Advantage for San Antonio Clients

• Deep Knowledge of Bexar County Courts: We know the specific preferences and procedures of the judges and court coordinators in Bexar County, ensuring your petition is formatted and presented for optimal reception.
• Former Prosecutorial Insight: Our attorneys understand how the District Attorney’s office evaluates these petitions, allowing us to proactively address potential concerns.
• A Focus on Your Future: We guide you through gathering supportive evidence and prepare you for the process, reducing your stress and focusing on the goal: greater privacy and opportunity.

Frequently Asked Questions

Q: How long does the process take?
A: For an uncontested, petition-based case, expect 3 to 6 months from filing to receiving the signed order from the court. The DPS can take additional weeks to update its databases.

Q: Can I get a nondisclosure for a deferred adjudication DWI in Texas?
A: Yes, but it is petition-based and discretionary. The waiting period is 2 years from dismissal. The judge will consider specific factors outlined in the statute, such as your blood alcohol level at the time of the offense. Legal representation is highly recommended.

Q: What if I have a prior conviction or deferred?
A: A prior criminal history is the most common disqualifier for automatic nondisclosure. For petition-based nondisclosure, a prior record does not automatically disqualify you, but it makes the judge’s decision more difficult. We can assess how to best present your case.

Q: Will this seal my record from everyone?
A: No. As noted, certain government agencies and licensing boards will retain access. It is crucial to understand this limitation.

You Completed Your Probation. Now Secure Your Privacy.

You fulfilled your obligation to the court. An Order of Nondisclosure is the legal tool to secure the increased privacy and opportunity you deserve. Don’t let a publicly accessible dismissed case continue to hold you back.

Contact Barton & Associates, Attorneys at Law at 210-500-0000 for a confidential evaluation of your deferred adjudication case. We will determine your eligibility, explain your pathway, and outline the process to seal your record in San Antonio, Austin or Corpus Christi, Texas.

Main Category: Criminal Defense
Practice Area Category: Expungement & Sealing
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000