A Second Chance: Order of Nondisclosure for Deferred Adjudication in Austin, Texas

You made a mistake. You took responsibility. You completed probation, paid your fines, and fulfilled every condition the court imposed. You earned the opportunity to move forward without a conviction on your record. But when you apply for a job, rent an apartment, or apply for professional licensing, the deferred adjudication still appears on background checks. It follows you, even though you did everything right. Texas law provides a solution: an order of nondisclosure that seals your record from public view.

At Barton & Associates, Attorneys at Law, we help clients throughout Austin and Central Texas obtain orders of nondisclosure for deferred adjudications. 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 deferred adjudication should not be a life sentence—and that sealing your record can open doors to employment, housing, and professional opportunities.

Whether you successfully completed deferred adjudication for a misdemeanor or felony, we provide the strategic guidance you need to determine whether you are eligible for nondisclosure and to navigate the legal process.

Understanding Deferred Adjudication in Texas

Deferred adjudication is a unique form of probation in Texas. When a court grants deferred adjudication, the defendant pleads guilty or no contest, but the court does not enter a conviction. Instead, the defendant is placed on probation. If the defendant successfully completes probation, the case is dismissed—but the arrest and the deferred adjudication remain on the record.

How Deferred Adjudication Works:

1. Plea: The defendant pleads guilty or no contest.

2. Deferral: The court defers a finding of guilt and places the defendant on probation.

3. Probation: The defendant completes probation conditions—community service, classes, fines, etc.

4. Dismissal: If probation is successfully completed, the court dismisses the case. No conviction is entered.

The Problem:

Even though there is no conviction, the arrest and deferred adjudication remain on your record. This record can be seen by employers, landlords, and licensing boards. It can affect:

• Employment opportunities

• Housing applications

• Professional licensing

• Military enlistment

• College admissions

The Solution:

An order of nondisclosure seals the record from public view. After nondisclosure, employers, landlords, and the general public cannot see the record. You can legally deny the arrest or deferred adjudication in most circumstances.

For families in Austin, obtaining an order of nondisclosure is essential to moving forward after deferred adjudication.

What Is an Order of Nondisclosure in Texas?

An order of nondisclosure is a court order that seals criminal records from public access. After nondisclosure, the records are not destroyed, but they are hidden from employers, landlords, schools, and the general public.

What Nondisclosure Does:

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

• Allows Denial: You can legally deny the arrest or deferred adjudication 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.

Eligibility for Nondisclosure:

Eligibility depends on:

• The offense for which you received deferred adjudication

• Whether you successfully completed probation

• Whether you have any other pending charges or convictions

• Whether the waiting period has been satisfied

For families in Austin, understanding what nondisclosure does—and does not—do is essential to making informed decisions.

Who Is Eligible for Nondisclosure for Deferred Adjudication in Texas?

Eligibility for nondisclosure depends on the offense, the outcome of your case, and waiting periods.

Misdemeanor Deferred Adjudication:

For most misdemeanors, you are eligible for nondisclosure after:

• Successfully completing deferred adjudication

• Satisfying a waiting period of 2 years after completion

Felony Deferred Adjudication:

For certain felonies, you may be eligible for nondisclosure after:

• Successfully completing deferred adjudication

• Satisfying a waiting period of 5 years after completion

Offenses NOT Eligible for Nondisclosure:

Certain offenses cannot be sealed through nondisclosure, including:

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

• Family Violence: Certain family violence offenses

• Violent Offenses: Certain violent offenses, including murder, aggravated assault, etc.

• Offenses Against Children: Certain offenses involving children

• Trafficking: Certain human trafficking offenses

Other Eligibility Requirements:

• No pending charges

• No prior convictions for certain offenses

• All court-ordered fines and fees paid

Special Cases:

• Class C Misdemeanors: Some Class C misdemeanors may be eligible for expungement rather than nondisclosure.

• Early Nondisclosure: In some cases, a court may grant nondisclosure before the waiting period expires if there is good cause.

For families in Austin, determining eligibility requires careful analysis of the offense, the disposition, and any waiting periods.

The Nondisclosure Process

Obtaining an order of nondisclosure involves several steps. While the process can be complex, an experienced attorney can guide you through it.

Step 1: Determine Eligibility

The first step is determining whether you are eligible for nondisclosure. Your attorney will review your case history, including the offense, the outcome, and the date of completion.

Step 2: Gather Documentation

Gather all documentation related to your case, including:

• Court records showing the deferred adjudication and successful completion

• Documentation of fines and fees paid

• Identification documents

Step 3: File the Petition

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

• Information about the offense

• Evidence of successful completion

• Evidence that waiting periods have been satisfied

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 typically takes several months, depending on the complexity of the case and whether there is an objection.

Waiting Periods for Nondisclosure

The waiting period is the time you must wait after successfully completing deferred adjudication before you can petition for nondisclosure.

Misdemeanor Waiting Period:

• Standard: 2 years after successful completion

• Certain Offenses: Some misdemeanors may have longer waiting periods

Felony Waiting Period:

• Standard: 5 years after successful completion (for eligible offenses)

• Certain Offenses: Some felonies may have shorter waiting periods if authorized by statute

When the Waiting Period Begins:

The waiting period begins on the date you successfully complete deferred adjudication—typically the date the court signs the order dismissing the case.

Early Nondisclosure:

In some cases, the court may grant nondisclosure before the waiting period expires if:

• The offense is a low-level misdemeanor

• There is good cause, such as employment or educational opportunities

• The prosecutor does not object

Counting the Time:

The waiting period is measured in calendar years. For a misdemeanor, 2 years means 2 calendar years from the date of completion.

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

Offenses That Cannot Be Sealed

Certain offenses are not eligible for nondisclosure under Texas law. If your deferred adjudication was for one of these offenses, nondisclosure is not available.

Sex Offenses:

Any offense that requires registration as a sex offender is not eligible for nondisclosure. This includes:

• Aggravated sexual assault

• Indecency with a child

• Possession of child pornography

• Other sex offenses

Family Violence Offenses:

Certain family violence offenses are not eligible, including:

• Assault family violence

• Continuous violence against the family

• Violation of a protective order (in some cases)

Violent Offenses:

Certain violent offenses are not eligible, including:

• Murder and capital murder

• Aggravated assault

• Kidnapping

• Robbery

• Certain other violent offenses

Offenses Against Children:

Certain offenses involving children are not eligible, including:

• Abandonment or endangerment of a child

• Certain offenses involving the sale or distribution of drugs to children

Trafficking Offenses:

Certain human trafficking offenses are not eligible.

Other Offenses:

Other offenses may be ineligible based on the specific circumstances of the case.

If Nondisclosure Is Not Available:

If your offense is not eligible for nondisclosure, other options may include:

• Expungement (if available)

• Pardon

• Record correction (if records are inaccurate)

For families in Austin, working with an experienced attorney is essential to determining whether nondisclosure is available.

Benefits of Nondisclosure

Obtaining an order of nondisclosure provides numerous benefits that can transform your life.

Employment:

• Private employers cannot see nondisclosed records

• You can answer “no” to questions about arrests or charges on employment applications

• Professional licensing boards cannot consider nondisclosed records

Housing:

• Landlords cannot see nondisclosed records

• You are not required to disclose nondisclosed arrests or charges

Education:

• Colleges and universities cannot see nondisclosed records

• Financial aid eligibility is not affected by nondisclosed records

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

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

Can I Get Nondisclosure for a Felony Deferred Adjudication?

Yes, for certain felonies. Not all felony deferred adjudications are eligible for nondisclosure, but many are.

Eligible Felonies:

Felonies that may be eligible for nondisclosure include:

• Certain non-violent felonies

• Certain drug possession felonies

• Certain property crimes

Ineligible Felonies:

Felonies that are not eligible include:

• Sex offenses

• Violent offenses

• Family violence offenses

• Certain drug trafficking offenses

• Offenses against children

Waiting Period:

For eligible felonies, the waiting period is 5 years after successful completion.

Special Considerations:

Even if your felony is eligible, the court may consider:

• The nature of the offense

• Your conduct since completing probation

• Any other arrests or charges

• The impact of nondisclosure on public safety

For families in Austin, determining whether a felony deferred adjudication can be sealed requires careful analysis of the specific offense and circumstances.

Frequently Asked Questions About Nondisclosure for Deferred Adjudication 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. Here are the answers to the most common inquiries we receive.

How long do I have to wait to get nondisclosure for deferred adjudication?

For misdemeanors, the waiting period is 2 years after successful completion. For eligible felonies, the waiting period is 5 years after successful completion.

Can I get nondisclosure if I was arrested but never charged?

If you were arrested but never charged, expungement—not nondisclosure—is the appropriate remedy. Expungement destroys the record entirely.

What is the difference between nondisclosure and expungement?

Expungement destroys the record entirely. Nondisclosure seals the record from public view but does not destroy it. Expungement is a more complete remedy but is available in fewer circumstances.

Can employers see my nondisclosed record?

No. Private employers, landlords, schools, and the general public cannot see nondisclosed records. However, law enforcement and certain government agencies may still have access.

Do I need an attorney to get nondisclosure?

While it is possible to file for nondisclosure without an attorney, the process is complex. Errors in the petition can result in denial. An experienced attorney can ensure that the petition is properly drafted and filed.

What if the prosecutor objects to my nondisclosure petition?

If the prosecutor objects, a hearing is held. You must present evidence that you are eligible and that nondisclosure is appropriate. An experienced attorney can help you present your case effectively.

Will nondisclosure restore my right to own a firearm?

Nondisclosure does not automatically restore firearm rights. However, if the underlying offense would have affected firearm rights, sealing the record may improve eligibility.

Why Barton & Associates for Nondisclosure in Austin

Obtaining an order of nondisclosure 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 Record

If you successfully completed deferred adjudication, you do not have to let that record follow you forever. An order of nondisclosure can seal your record and open doors to employment, housing, and a brighter future. 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. 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)