A New Beginning: Order of Nondisclosure for Convictions in Austin, Texas

A criminal conviction can feel like a life sentence—not because of the punishment imposed, but because of the doors it closes. Employment opportunities vanish. Housing applications are denied. Professional licensing becomes impossible. Even years after completing your sentence, the conviction follows you, appearing on background checks and holding you back. But Texas law recognizes that people can change. For certain convictions, an order of nondisclosure can seal your record from public view, giving you the second chance you deserve.

At Barton & Associates, Attorneys at Law, we help clients throughout Austin and Central Texas obtain orders of nondisclosure for eligible convictions. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to post-conviction relief. We understand that a past mistake should not define your future—and that sealing your record can open doors to employment, housing, and a brighter tomorrow.

Whether you have a misdemeanor or certain felony convictions, we provide the strategic guidance you need to determine whether you are eligible for nondisclosure and to navigate the legal process.

Understanding Nondisclosure for Convictions

An order of nondisclosure is a court order that seals criminal records from public access. For decades, nondisclosure was available only for deferred adjudication—cases where no conviction was entered. But Texas law has changed. Today, certain convictions can also be sealed through an order of nondisclosure.

What Nondisclosure Does:

• Hides the Record: Employers, landlords, schools, and the general public cannot access the record.

• Allows Denial: You can legally deny the conviction in most circumstances.

• Protects Opportunities: Employment, housing, and education opportunities are no longer affected.

What Nondisclosure Does NOT Do:

• Does Not Destroy Records: Law enforcement, prosecutors, and certain government agencies can still access the record.

• Does Not Restore Firearm Rights: Nondisclosure does not automatically restore firearm rights.

• Does Not Expunge: The record still exists; it is simply hidden from public view.

The Shift in Texas Law:

Recent changes in Texas law have expanded nondisclosure to include certain convictions. This reflects a recognition that rehabilitation and redemption are possible—and that a past conviction should not be a permanent barrier to a productive life.

For families in Austin, understanding this new opportunity is essential to moving forward.

What Convictions Are Eligible for Nondisclosure in Texas?

Not all convictions are eligible for nondisclosure. Eligibility depends on the offense, the sentence, and whether you have other convictions.

Misdemeanor Convictions:

Many misdemeanor convictions are eligible for nondisclosure, including:

• Class A misdemeanors (certain offenses)

• Class B misdemeanors

• Class C misdemeanors

Felony Convictions:

Some felony convictions are now eligible for nondisclosure, including:

• Certain non-violent felonies

• Certain drug possession felonies

• Certain property crimes

• Certain state jail felonies

Offenses NOT Eligible for Nondisclosure:

Certain convictions can never be sealed, including:

• Sex Offenses: Any offense requiring registration as a sex offender

• Family Violence: Certain family violence offenses

• Violent Offenses: Murder, aggravated assault, and certain other violent offenses

• Offenses Against Children: Certain offenses involving children

• Trafficking: Certain human trafficking offenses

Waiting Periods:

The waiting period for nondisclosure depends on the offense:

• Class C Misdemeanors: No waiting period

• Class B Misdemeanors: 1 year after completion of sentence

• Class A Misdemeanors: 2 years after completion of sentence

• State Jail Felonies: 5 years after completion of sentence

• Third-Degree Felonies and Above: Varies; some are not eligible

Other Requirements:

• No other convictions (or only one conviction, depending on the offense)

• All fines, fees, and restitution paid

• No pending charges

For families in Austin, determining eligibility requires careful analysis of the conviction, the sentence, and the waiting periods.

How to Get Nondisclosure for a Misdemeanor Conviction in Texas

If you have a misdemeanor conviction, you may be eligible for nondisclosure after satisfying the waiting period.

Eligibility for Misdemeanor Nondisclosure:

• Class C Misdemeanors: Eligible immediately after completion of sentence (fines paid, etc.)

• Class B Misdemeanors: Eligible 1 year after completion of sentence

• Class A Misdemeanors: Eligible 2 years after completion of sentence

Offenses That May Be Excluded:

Even for misdemeanors, certain offenses are not eligible:

• Family violence offenses (in most cases)

• Certain offenses involving domestic violence

• Certain offenses involving weapons

The Process:

1. Determine Eligibility: Review the conviction, sentence, and completion date to determine whether you meet the waiting period and other requirements.

2. Gather Documentation: Collect court records showing the conviction and the date sentence was completed, documentation that all fines and fees were paid, and proof of no pending charges.

3. File the Petition: File a petition for nondisclosure with the district court in the county where the conviction occurred. In Travis County, this is typically the district court.

4. Serve the Petition: The petition must be served on the prosecuting attorney and the Texas Department of Public Safety (DPS).

5. Hearing: If no objection is filed, the court may grant the nondisclosure without a hearing. If there is an objection, a hearing is held.

6. Order of Nondisclosure: If the court grants the petition, it issues an order of nondisclosure, directing that the records be sealed from public access.

Multiple Convictions:

If you have more than one conviction, you may still be eligible in some circumstances. The law allows for nondisclosure for a single conviction in many cases. If you have multiple convictions, eligibility depends on the nature and timing of the offenses.

For families in Austin, obtaining nondisclosure for a misdemeanor conviction can open doors to employment and housing.

Nondisclosure for Felony Convictions

Recent changes in Texas law have expanded nondisclosure to include certain felony convictions. This is a significant development that offers hope to many individuals previously excluded from relief.

Eligible Felonies:

Felonies that may be eligible include:

• Certain state jail felonies

• Certain non-violent third-degree felonies

• Certain drug possession felonies

• Certain property crimes

Waiting Period for Felony Nondisclosure:

• State Jail Felonies: 5 years after completion of sentence

• Third-Degree Felonies: Varies; some are eligible after 5 years; others are not eligible

Ineligible Felonies:

The following felonies are not eligible for nondisclosure:

• Capital murder

• Murder

• Aggravated assault

• Aggravated robbery

• Sexual assault

• Kidnapping

• Any offense requiring sex offender registration

• Certain family violence offenses

The Importance of Timing:

For eligible felonies, the waiting period begins on the date you complete your sentence—including probation, parole, and any period of supervision. The date of conviction is not the starting point.

Documenting Completion:

To obtain nondisclosure for a felony, you will need documentation showing:

• The date your sentence was completed

• That all fines, fees, and restitution were paid

• That you have no pending charges

For families in Austin, obtaining nondisclosure for a felony conviction can be life-changing.

The Nondisclosure Process for Convictions

The process for obtaining nondisclosure for a conviction is similar to the process for deferred adjudication, with some important differences.

Step 1: Determine Eligibility

The first step is determining whether you are eligible. Your attorney will review:

• The offense for which you were convicted

• The date you completed your sentence

• Whether all fines and fees were paid

• Whether you have any other convictions or pending charges

Step 2: Gather Documentation

Gather all documentation related to your case, including:

• Judgment of conviction

• Documentation of sentence completion (probation discharge, parole discharge, etc.)

• Documentation that all fines, fees, and restitution were paid

• Identification documents

Step 3: File the Petition

File a petition for nondisclosure with the district court in the county where the conviction occurred. In Travis County, this is typically the district court. The petition must include:

• Information about the conviction

• Evidence that waiting periods have been satisfied

• Evidence that all obligations have been fulfilled

Step 4: Serve the Petition

The petition must be served on the prosecuting attorney and the Texas Department of Public Safety (DPS).

Step 5: Hearing

If no objection is filed, the court may grant the nondisclosure without a hearing. If there is an objection, a hearing is held where evidence is presented.

Step 6: Order of Nondisclosure

If the court grants the petition, it issues an order of nondisclosure, directing that the records be sealed from public access.

Step 7: Notification

The order is sent to DPS and other agencies, which then restrict access to the records.

For families in Austin, the nondisclosure process for convictions typically takes several months, depending on the complexity of the case.

What Is the Waiting Period for Nondisclosure of a Conviction in Texas?

The waiting period for nondisclosure depends on the level of offense and the type of conviction.

Misdemeanor Waiting Periods:

• Class C Misdemeanor: No waiting period

• Class B Misdemeanor: 1 year after completion of sentence

• Class A Misdemeanor: 2 years after completion of sentence

Felony Waiting Periods:

• State Jail Felony: 5 years after completion of sentence

• Third-Degree Felony (if eligible): 5 years after completion of sentence in some cases; not eligible in others

When the Waiting Period Begins:

The waiting period begins on the date you complete your sentence. For probation, this is the date you are discharged from probation. For jail or prison sentences, this is the date of release from custody. For parole, this is the date you are discharged from parole.

Completing Your Sentence:

To satisfy the waiting period, you must have completed all terms of your sentence, including:

• Probation or parole supervision

• Payment of fines, fees, and restitution

• Any community service or other conditions

Proving Completion:

You will need documentation of completion—typically a discharge order from the court or the Texas Department of Criminal Justice.

For families in Austin, understanding waiting periods is essential to timing your petition correctly.

Benefits of Nondisclosure for Convictions

Obtaining an order of nondisclosure for a conviction provides numerous benefits.

Employment:

• Private employers cannot see nondisclosed convictions

• You can answer “no” to questions about convictions on employment applications

• Professional licensing boards cannot consider nondisclosed convictions

Housing:

• Landlords cannot see nondisclosed convictions

• You are not required to disclose nondisclosed convictions on rental applications

Education:

• Colleges and universities cannot see nondisclosed convictions

• Financial aid eligibility may be improved

Peace of Mind:

• Freedom from the stigma of a criminal record

• Ability to move forward without the past holding you back

Limitations:

• Nondisclosure does not restore firearm rights automatically

• Law enforcement and certain government agencies may still access the record

• Certain professional licenses may require disclosure even after nondisclosure

• Federal background checks may still reveal the conviction

For families in Austin, nondisclosure for convictions is a powerful tool for moving forward.

Frequently Asked Questions About Nondisclosure for Convictions in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about nondisclosure for convictions. Here are the answers to the most common inquiries we receive.

Can I get a conviction sealed in Texas?

Yes, for certain convictions. Recent changes in Texas law allow for nondisclosure (sealing) of certain misdemeanor and felony convictions.

How long do I have to wait to seal a conviction?

Waiting periods vary: Class C misdemeanors have no waiting period; Class B misdemeanors require 1 year; Class A misdemeanors require 2 years; state jail felonies require 5 years.

What convictions cannot be sealed?

Sex offenses, family violence offenses, violent offenses (murder, aggravated assault, etc.), and certain offenses against children cannot be sealed.

What is the difference between nondisclosure and expungement?

Expungement destroys the record entirely and is available for arrests without charges, dismissals, and acquittals. Nondisclosure seals the record from public view but does not destroy it. For convictions, expungement is not available—nondisclosure is the only option.

Can I get nondisclosure if I have multiple convictions?

In many cases, you can only seal one conviction. However, there are exceptions for certain low-level offenses and for convictions that occurred at the same time. Eligibility depends on the specific circumstances.

Do I need an attorney to get nondisclosure for a conviction?

Yes. Nondisclosure for convictions is complex, with strict eligibility requirements and waiting periods. An experienced attorney can determine whether you are eligible and guide you through the process.

Will nondisclosure restore my right to vote?

Nondisclosure does not restore voting rights. However, in Texas, voting rights are automatically restored upon completion of sentence, including probation and parole, for most offenses.

Why Barton & Associates for Nondisclosure for Convictions in Austin

Obtaining an order of nondisclosure for a conviction requires attorneys who understand the complex eligibility requirements, the waiting periods, and the strategies for overcoming objections. The attorneys at Barton & Associates bring decades of experience to post-conviction relief, helping clients seal their records and move forward.

We are deeply rooted in the Austin legal community. We have handled nondisclosure cases in Travis County district courts for decades and understand the local procedures, the prosecutors, and the court personnel. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your case, your goals, and your concerns. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Sealing Your Conviction

If you have a criminal conviction, you do not have to let it define your future. An order of nondisclosure can seal your record and open doors to employment, housing, and a brighter tomorrow. At Barton & Associates, we are here to help you navigate the process and achieve the second chance you deserve.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced attorney about obtaining an order of nondisclosure for your conviction. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seal your record and move forward with confidence.

Main Category: Criminal Defense Austin
Practice Area Category: Expungement & Sealing
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)