Order of Nondisclosure for Deferred Adjudication in Corpus Christi: Sealing Your Record After Probation

Completing deferred adjudication probation is a significant achievement. You successfully fulfilled all the conditions set by the court, stayed out of trouble, and earned the opportunity to have your case dismissed without a final conviction. But while your case may be dismissed, the record of your arrest and the deferred adjudication itself remains on your criminal history—visible to employers, landlords, and anyone else who runs a background check. In Texas, an Order of Nondisclosure provides a path to sealing that record, allowing you to move forward without the burden of your past.

At Barton & Associates, Attorneys at Law, we help individuals throughout Corpus Christi and the Coastal Bend navigate the process of obtaining an Order of Nondisclosure after completing deferred adjudication. Whether your case was a misdemeanor or a felony, we provide the knowledgeable representation you need to clear your record and reclaim your future. 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.

What Is Deferred Adjudication?

Deferred adjudication is a form of probation available in Texas for certain offenses. When a court grants deferred adjudication, it does not enter a final conviction. Instead, the court places the defendant on probation for a specified period. If the defendant successfully completes all conditions of probation—including paying fines, completing community service, attending counseling, and staying out of trouble—the court dismisses the case without entering a conviction.

The key features of deferred adjudication are:

• No final conviction: If successfully completed, there is no conviction on your record

• Dismissal: The case is dismissed after successful completion

• Record remains: Despite the dismissal, the record of the arrest, the deferred adjudication, and the probation remain on your criminal history

Because there is no conviction, deferred adjudication offers significant advantages over regular probation (where a conviction is entered). However, the record of the case remains, which is where an Order of Nondisclosure becomes essential.

What Is an Order of Nondisclosure?

An Order of Nondisclosure is a court order that seals your criminal record from public view. After an Order of Nondisclosure is granted:

• Records are sealed: The records of your arrest, deferred adjudication, and probation become confidential

• No disclosure required: You generally do not have to disclose the offense on job applications, housing applications, or other inquiries

• Exceptions apply: Certain employers—such as schools, law enforcement agencies, and government agencies—may still access sealed records

An Order of Nondisclosure is different from expungement. Expungement destroys the record entirely, but is generally not available for cases that resulted in deferred adjudication. Nondisclosure seals the record, making it inaccessible to the public while preserving it for limited government purposes.

Eligibility for an Order of Nondisclosure

Not everyone who completes deferred adjudication is automatically eligible for nondisclosure. Eligibility depends on the nature of the offense and the waiting period.

Misdemeanors

For most misdemeanors, you are eligible for an Order of Nondisclosure immediately after completing deferred adjudication, provided:

• You successfully completed deferred adjudication

• You have no pending criminal charges

• You have not been convicted of any other offense since completing deferred adjudication

• The offense is not one of the ineligible offenses listed below

State Jail Felonies

For state jail felonies, you are eligible for an Order of Nondisclosure after a waiting period of:

• Two years from the date you completed deferred adjudication, or

• Five years for certain offenses

During the waiting period, you must have no new convictions or pending charges.

Felonies

For other felonies (third-degree, second-degree, first-degree), eligibility is more restrictive. In many cases, you may be eligible after a waiting period, but certain serious felonies are never eligible for nondisclosure.

Ineligible Offenses

Certain offenses are never eligible for an Order of Nondisclosure, including:

• Capital murder

• Murder

• Aggravated kidnapping

• Sexual assault and other sex offenses requiring registration

• Trafficking of persons

• Certain family violence offenses

• Offenses involving a child victim

• Offenses requiring registration as a sex offender

If your offense is ineligible for nondisclosure, you may still have options, including seeking a pardon or other relief.

Waiting Periods for Nondisclosure

Waiting periods vary based on the offense:

The waiting period begins on the date you successfully completed deferred adjudication. During the waiting period, you must have no new convictions or pending charges.

The Nondisclosure Process in Nueces County

The process of obtaining an Order of Nondisclosure 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 charged with, and the date you completed deferred adjudication 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 received deferred adjudication.

Step 3: Petition for Nondisclosure

A petition for nondisclosure is filed with the court that handled your deferred adjudication. In Corpus Christi, this is typically one of the district courts or county courts at law. The petition must include:

• Your name and identifying information

• The date and nature of the offense

• The date you completed deferred adjudication

• A statement that you are eligible for nondisclosure

• A statement that you have no pending charges or new convictions

Step 4: Service

The petition must be served on relevant agencies, including:

• The prosecuting attorney

• The Texas Department of Public Safety

• 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

When an Order of Nondisclosure is granted:

• Records are sealed: The records of your arrest, deferred adjudication, and probation become confidential

• No disclosure required: You generally do not have to disclose the offense on job applications, housing applications, or other inquiries

• Exceptions: Certain employers—including schools, law enforcement agencies, and government agencies—may still access sealed records

• Licensing boards: Some professional licensing boards may still access sealed records

• Subsequent offenses: If you are charged with a new offense, the sealed records may be unsealed and considered

Benefits of an Order of Nondisclosure

Obtaining an Order of Nondisclosure offers numerous benefits:

Employment Opportunities

Employers routinely conduct background checks. Without nondisclosure, a deferred adjudication 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.

Housing

Landlords often check criminal records before approving rental applications. Nondisclosure allows you to apply for housing without the barrier of a record.

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 Order of Nondisclosure

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 for deferred adjudication cases. Nondisclosure is the remedy available after successfully completing deferred adjudication.

How long do I have to wait to get nondisclosure?

Waiting periods vary. Misdemeanors often have no waiting period. State jail felonies typically require a 2-year waiting period. More serious felonies require longer waiting periods.

Can I get nondisclosure if I completed deferred adjudication for DWI?

DWI (driving while intoxicated) has special rules. For a first-time DWI, there is a 2-year waiting period. For subsequent DWIs, nondisclosure may not be available.

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 offense 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 record 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 offense is ineligible for nondisclosure?

If your offense 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 deferred adjudications?

If you have multiple deferred adjudications, you may still be eligible for nondisclosure for each offense, depending on the nature of the offenses and the waiting periods. However, certain combinations of offenses may affect eligibility.

Why Barton & Associates Is the Right Choice for Your Nondisclosure

Obtaining an Order of Nondisclosure 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 Belt seal their records after deferred adjudication.

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 completing deferred adjudication is a significant accomplishment—one that deserves to be recognized. Our attorneys approach these cases with dedication and respect, helping our clients achieve the fresh start they have earned.

Seal Your Record and Move Forward Today

If you successfully completed deferred adjudication, you may be eligible for an Order of Nondisclosure. Do not let your past hold you back from employment, housing, education, and other opportunities.

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 record 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