Sealing a Texas Misdemeanor Conviction: Your Guide to Orders of Nondisclosure

A final conviction on your record creates a permanent, public barrier. For years, Texas law offered few options to those who received a straight conviction, leaving them with a lifelong record. However, recent changes in the law have created a crucial, limited pathway: the ability to seal certain misdemeanor convictions through an Order of Nondisclosure. This is not an expunction and not for everyone, but for those who qualify, it offers a transformative opportunity to shield a past mistake from public view and reclaim your future. At Barton & Associates, Attorneys at Law, our San Antonio record sealing attorneys specialize in this nuanced area of law. We help clients across Bexar County navigate the strict eligibility requirements and persuasive process of securing a nondisclosure order for a conviction.

A New Hope: Understanding Nondisclosure for Convictions in Texas

An Order of Nondisclosure is a court order that requires state and local agencies to seal criminal records from most public background checks. For decades, this remedy was largely reserved for those who completed deferred adjudication probation. The passage of Texas Government Code § 411.0735 changed that, creating a discretionary path for sealing certain final misdemeanor convictions.

It is vital to understand what this order does and does not do:

• It Seals, Does Not Destroy: The conviction record is not erased. It is sealed in government files and removed from public databases.
• It Restricts Public Access: Once sealed, the record is generally hidden from:
  • Private employers conducting standard background checks.
  • Landlord and housing applications.
  • General public inquiries.
• Key Agencies Retain Access: The record remains available to:
  • Law enforcement and criminal justice agencies.
  • Licensing boards for specific professions (law, medicine, nursing, real estate, teaching, etc.).
  • In subsequent criminal proceedings.
  • Certain financial institutions and schools for employment purposes.

For most practical purposes—like applying for a mainstream job or apartment—you can move forward as if the conviction does not exist.

Do You Qualify? The Strict Eligibility Criteria Under Sec. 411.0735

This law is not a blanket remedy. Eligibility is narrow and conditional. Our first step is a meticulous analysis of your history against these legal requirements.

1. The Offense Must Be an Eligible Misdemeanor.

This is the primary gatekeeper. The conviction must be for a misdemeanor punishable by fine only (Class C) OR a more serious misdemeanor where you successfully completed a term of confinement or community supervision AND the victim was not a family/household member or dating partner. Common eligible offenses may include:

• Theft (under certain circumstances)
• Certain drug possession charges (e.g., under 2 oz. marijuana)
• Criminal mischief
• Many other non-family violence, non-sexual misdemeanors

CRITICAL EXCLUSIONS: You are permanently ineligible if the conviction was for an offense involving:

• Family violence (as defined under Texas law)
• Sexual assault or any offense requiring sex offender registration
• Stalking
• Trafficking of persons
• Violation of a protective order
• Injury to a child, elderly, or disabled person
• Abandoning or endangering a child
• Any offense not listed under the statute’s eligibility

2. You Must Have Fully Completed Your Sentence.

This includes:

• Any jail time or community supervision (probation)
• Payment of all fines, fees, court costs, and restitution (unless indigent and waived)
• Completion of any required classes, counseling, or community service

3. You Must Have No Other Criminal History (With Limited Exceptions).

You are ineligible if you have ever been previously convicted or placed on deferred adjudication for any other criminal offense other than a fine-only traffic violation. This “first offender” requirement is absolute and strictly applied.

4. Mandatory Waiting Periods Must Be Met.

You cannot file the day your sentence ends. You must wait:

• For a Class C / Fine-Only Misdemeanor: 2 years from the date your sentence was completed.
• For Any Other Eligible Misdemeanor: 5 years from the date your sentence was completed.

The Discretionary Hurdle: The “Best Interest of Justice” Standard

Even if you meet every objective eligibility requirement listed above, the law does not guarantee the order. The judge has broad discretion. The statute states the judge may issue an order only after determining that:

“issuance of the order is in the best interest of justice.”

This is the most critical and subjective part of the process. The judge will consider factors such as:

• The specific nature and seriousness of the original offense.
• Your conduct and rehabilitation since the conviction.
• The length of time that has passed.
• Your need for the order for employment, housing, or other legitimate reasons.
• Any objections filed by the District Attorney’s office.

A successful petition requires more than just checking boxes; it requires building a persuasive narrative that you are deserving of this second chance.

The Step-by-Step Legal Process in Bexar County

Securing this order is a formal legal petition, not a simple administrative request.

Step 1: The Rigorous Eligibility Audit
We begin by obtaining your official Texas and FBI criminal history reports. We pull the court documents from your conviction case to verify the statute, sentence details, and completion. We analyze this data against the precise language of Sec. 411.0735 to give you a definitive answer on eligibility before proceeding.

Step 2: Drafting a Persuasive Petition for Nondisclosure
We draft a comprehensive Petition for Order of Nondisclosure. This is not a form document. It meticulously cites the law, demonstrates your eligibility point-by-point, and—most importantly—includes a compelling argument for why sealing your record is “in the best interest of justice.” We integrate evidence of your rehabilitation (see below).

Step 3: Filing and Serving the Petition
We file the petition in the Bexar County court where you were convicted. We then formally serve the petition on the local District Attorney’s office, which has a statutory right to be heard and to object.

Step 4: Preparing for and Attending the Hearing
A hearing is almost always required. We prepare you thoroughly and represent you in court. We are prepared to:

• Present evidence of rehabilitation: Character reference letters, proof of steady employment, volunteer work, educational achievements, proof of stable housing.
• Argue against any objections from the prosecutor.
• Advocate directly to the judge about your personal growth and why you deserve this relief.

Step 5: Securing and Enforcing the Order
If the judge grants the petition, they will sign the Order of Nondisclosure. We ensure the order is properly prepared, entered with the court clerk, and transmitted to the Texas Department of Public Safety (DPS) to seal the central state record.

Why You Need an Attorney: The Risks of Navigating This Alone

• Complex Eligibility Analysis: Misinterpreting the offense exclusions or your criminal history can lead to a denial and wasted filing fees. We provide definitive analysis.
• The Art of Persuasion: A petition that merely lists eligibility factors will likely fail. We craft a narrative that connects your eligibility to the “best interest of justice” standard.
• Managing Prosecutorial Opposition: Some District Attorneys routinely oppose these petitions. We have the experience and local courtroom credibility to counter their arguments effectively.
• Procedural Perfection: From filing deadlines to proper service on all required parties, one mistake can derail your case. We handle the procedure flawlessly.

The Barton & Associates Advantage in San Antonio

• Local Insight into Judicial Discretion: We practice regularly before Bexar County judges. We understand their individual perspectives on the “best interest of justice,” allowing us to tailor your petition and argument for the best possible reception.
• Strategic Case Building: We guide you in gathering the most effective supporting evidence and prepare you to be a credible, compelling petitioner if called to testify.
• Compassionate, Clear Guidance: We know you are seeking redemption for a past mistake. We provide straightforward advice, manage your expectations, and support you through each step of this important journey.

Take the First Step Toward Sealing Your Conviction

If you have a single, eligible misdemeanor conviction from your past that continues to impact your life, Texas law may now provide a solution. The path is narrow and requires skilled navigation, but the reward—a sealed public record—is invaluable.

Contact Barton & Associates, Attorneys at Law today at 210-500-0000 for a confidential, in-depth eligibility review. We will obtain your records, analyze your case against the strict legal criteria, and honestly advise you on your chances of success in securing an Order of Nondisclosure for your conviction 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