Order of Nondisclosure for Convictions in Corpus Christi: Sealing Your Criminal Record After a Final Conviction
A criminal conviction can cast a long shadow. Even after you have paid your debt to society—completed your sentence, paid your fines, and moved on with your life—the record of your conviction remains. It appears on background checks, affecting employment, housing, education, and professional licensing. For many individuals, the question is not whether they have changed, but whether the law will allow them to move forward. In Texas, certain convictions may be eligible for an Order of Nondisclosure—a court order that seals your criminal record from public view, giving you the fresh start you deserve.
At Barton & Associates, Attorneys at Law, we help individuals throughout Corpus Christi and the Coastal Bend navigate the complex process of obtaining an Order of Nondisclosure for convictions. Whether you were convicted of a misdemeanor or a felony, we provide the knowledgeable representation you need to determine eligibility and clear your record. With extensive experience in the Nueces County criminal courts and the Texas Department of Public Safety, we guide our clients through every step of the nondisclosure process.
Understanding Nondisclosure for Convictions
An Order of Nondisclosure is a court order that seals your criminal record from public view. When a record is sealed:
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Records become confidential: The record of your arrest, conviction, and sentence is no longer accessible to the public
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No disclosure required: You generally do not have to disclose the conviction on job applications, housing applications, or other inquiries
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Exceptions apply: Certain employers—including schools, law enforcement agencies, and government agencies—may still access sealed records
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Licensing boards: Some professional licensing boards may still access sealed records
Unlike expungement, which destroys the record entirely and is generally not available for convictions, nondisclosure seals the record while preserving it for limited government purposes. For many individuals with convictions, nondisclosure is the most significant relief available.
Eligibility for Nondisclosure After Conviction
Not all convictions are eligible for nondisclosure. Eligibility depends on the nature of the offense, the level of the offense, and the waiting period.
Misdemeanor Convictions
Many misdemeanor convictions are eligible for nondisclosure. Eligibility requirements include:
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Waiting period: Generally, you must wait two years from the date of your conviction or the date you completed your sentence (whichever is later)
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No subsequent offenses: You must have no new convictions during the waiting period
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Completed sentence: You must have completed all terms of your sentence, including probation, fines, and any other conditions
Felony Convictions
Felony convictions are more restricted. Certain low-level felonies may be eligible for nondisclosure after a waiting period. However, many felonies are never eligible for nondisclosure.
Ineligible Convictions
Certain offenses are never eligible for an Order of Nondisclosure, including:
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Capital murder
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Murder
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Aggravated kidnapping
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Sexual assault and other sex offenses requiring registration
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Trafficking of persons
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Certain family violence offenses
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Offenses involving a child victim
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Offenses requiring registration as a sex offender
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Certain DWI offenses (depending on circumstances)
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Certain drug offenses (depending on circumstances)
Types of Nondisclosure for Convictions
Texas law provides different pathways to nondisclosure depending on the circumstances:
Chapter 55 Nondisclosure (Expunction-like Relief)
Under Chapter 55 of the Texas Code of Criminal Procedure, certain individuals may be eligible for nondisclosure that functions similarly to expungement. This is available for:
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Individuals who successfully completed deferred adjudication (see separate practice area)
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Individuals who were pardoned
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Individuals whose convictions were set aside
Chapter 411 Nondisclosure (Post-Conviction Nondisclosure)
Under Chapter 411 of the Texas Government Code, individuals with certain convictions may petition for nondisclosure. This is the primary mechanism for sealing convictions.
Waiting Periods for Nondisclosure
Waiting periods vary based on the offense and the type of conviction:
| Type of Conviction | Waiting Period After Completion of Sentence |
|---|---|
| Class C misdemeanors | No waiting period (eligible immediately) |
| Class B misdemeanors | 1-2 years |
| Class A misdemeanors | 2-5 years |
| State jail felonies | 5 years |
| Third-degree felonies | 5-10 years |
| Certain offenses | Never eligible |
The waiting period begins on the date you completed all terms of your sentence, including:
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Completion of any probation or community supervision
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Payment of all fines, court costs, and restitution
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Completion of any jail or prison sentence
During the waiting period, you must have no new convictions.
The Nondisclosure Process in Nueces County
The process of obtaining an Order of Nondisclosure for a conviction involves several steps:
Step 1: Determine Eligibility
The first step is determining whether you are eligible for nondisclosure. An attorney can review your criminal history, the offense you were convicted of, and the date you completed your sentence to determine eligibility.
Step 2: Obtain Records
Your attorney will obtain a complete copy of your criminal history from the Texas Department of Public Safety, as well as records from the court where you were convicted.
Step 3: Petition for Nondisclosure
A petition for nondisclosure is filed with the court that handled your conviction. In Corpus Christi, this is typically one of the district courts, county courts at law, or municipal courts. The petition must include:
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Your name and identifying information
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The date and nature of the offense
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The date you completed your sentence
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A statement that you are eligible for nondisclosure
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A statement that you have no pending charges or new convictions
Step 4: Service
The petition must be served on relevant agencies, including:
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The prosecuting attorney
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The Texas Department of Public Safety
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Any law enforcement agency involved in the case
Step 5: Hearing
If no agency objects, the court may grant the nondisclosure without a hearing. If an agency objects, a hearing is held. At the hearing, you must prove that you meet the eligibility requirements.
Step 6: Order of Nondisclosure
If the court grants the petition, it issues an Order of Nondisclosure directing all agencies to seal the records. The order specifies that the records are confidential and not subject to public disclosure.
Step 7: Compliance
After the order is issued, your attorney ensures that all agencies comply with the order. The Texas Department of Public Safety will update your criminal history to reflect that the records are sealed.
Effects of an Order of Nondisclosure for Convictions
When an Order of Nondisclosure is granted for a conviction:
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Records are sealed: The records of your arrest, conviction, and sentence become confidential
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No disclosure required: You generally do not have to disclose the conviction on job applications, housing applications, or other inquiries
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Exceptions: Certain employers—including schools, law enforcement agencies, and government agencies—may still access sealed records
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Licensing boards: Some professional licensing boards may still access sealed records
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Subsequent offenses: If you are charged with a new offense, the sealed records may be unsealed and considered
Benefits of Nondisclosure for Convictions
Obtaining an Order of Nondisclosure for a conviction offers numerous benefits:
Employment Opportunities
Employers routinely conduct background checks. Without nondisclosure, a conviction can appear on background checks and disqualify you from jobs. With nondisclosure, you can generally answer “no” when asked about criminal history on job applications (except for certain employers).
Housing
Landlords often check criminal records before approving rental applications. Nondisclosure allows you to apply for housing without the barrier of a conviction.
Education
Colleges and universities may ask about criminal history on applications. Nondisclosure generally allows you to answer truthfully that you have no criminal record.
Professional Licensing
Many professions require licensing. While some licensing boards may still access sealed records, nondisclosure can significantly improve your chances of obtaining or maintaining a professional license.
Personal Peace of Mind
Perhaps most importantly, nondisclosure provides peace of mind. You can move forward without the constant fear that your past will be discovered.
Frequently Asked Questions About Nondisclosure for Convictions
What is the difference between nondisclosure and expungement?
Expungement destroys the record entirely and is generally not available for convictions. Nondisclosure seals the record for eligible convictions. For individuals with convictions, nondisclosure is the primary remedy available.
How long do I have to wait to get nondisclosure after a conviction?
Waiting periods vary. Class C misdemeanors have no waiting period. Class B misdemeanors typically require 1-2 years. Class A misdemeanors require 2-5 years. Felonies require longer waiting periods, typically 5-10 years.
Can I get nondisclosure for a DWI conviction?
DWI (driving while intoxicated) has special rules. For a first-time DWI that is a Class B misdemeanor, nondisclosure is not available. For other DWI-related offenses, eligibility depends on the circumstances.
Do I need an attorney for nondisclosure?
While you can file a petition on your own, the process is complex and requires careful attention to legal requirements. An experienced attorney can ensure that your petition is properly filed, that all required agencies are served, and that the order is properly enforced.
How much does nondisclosure cost?
Costs include court filing fees, service fees, and attorney’s fees. Many attorneys offer flat-fee arrangements for nondisclosure cases.
Will nondisclosure remove my record from the internet?
Nondisclosure orders apply to government agencies. Private companies that have already obtained and published your record may not be required to remove it. However, once the record is sealed from government databases, private companies may not have access to it going forward.
Can I get a job if I have nondisclosure?
With nondisclosure, you generally do not have to disclose the conviction on job applications. However, certain employers—such as schools, law enforcement agencies, and government agencies—may still have access to sealed records.
Does nondisclosure help with immigration?
Nondisclosure of a criminal conviction may not eliminate immigration consequences. Immigration law looks at the underlying conduct, not just the record. It is important to consult with an immigration attorney before seeking nondisclosure if you are not a U.S. citizen.
What if my conviction is ineligible for nondisclosure?
If your conviction is ineligible for nondisclosure, you may have other options, such as seeking a pardon from the governor. An experienced attorney can help you explore available options.
Can I apply for nondisclosure if I have multiple convictions?
If you have multiple convictions, you may still be eligible for nondisclosure for each eligible offense. However, certain combinations of offenses may affect eligibility, and waiting periods must be satisfied for each conviction.
Why Barton & Associates Is the Right Choice for Your Nondisclosure
Obtaining an Order of Nondisclosure for a conviction requires careful attention to eligibility requirements, waiting periods, and procedural rules. At Barton & Associates, Attorneys at Law, we have extensive experience helping clients in Corpus Christi and the Coastal Bend seal their records after convictions.
Our attorneys understand the complex eligibility rules, the waiting periods for different offenses, and the agencies that must be served. We work diligently to ensure that petitions are properly filed, that all agencies comply with the court’s order, and that our clients can move forward without the burden of their past.
We also understand that a conviction does not define who you are. Our attorneys approach these cases with compassion and dedication, helping our clients achieve the fresh start they deserve.
Seal Your Conviction and Move Forward Today
If you have a criminal conviction that is holding you back—whether from employment, housing, education, or simply peace of mind—you may be eligible for an Order of Nondisclosure. Do not let your past define your future.
Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.
Reach out today—let us help you seal your conviction and start fresh.
Main Category: Criminal Defense Corpus Christi
Practice Area Category: Expungement & Sealing
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780