Sealing a Criminal Record in Texas: A Bexar County Attorney’s Guide to Nondisclosure Under Chapter 411
We wrote a companion guide to this one explaining Texas expunction under Chapter 55A of the Code of Criminal Procedure, and in that guide we described the single distinction that trips up more people than any other in this area of law: expunction erases a record, but it is not available for a conviction or for deferred adjudication, even when deferred adjudication was completed successfully and the case was ultimately dismissed. This guide covers the remedy that exists for exactly that gap. An order of nondisclosure, governed by Subchapter E-1 of Chapter 411 of the Texas Government Code, does not erase a record, but it seals it from most private requesters, including the great majority of employers and landlords, while leaving it visible to law enforcement, courts, and certain licensing agencies.
Nondisclosure law is more layered than expunction law, because Texas has built out separate statutory pathways for different situations over roughly the past decade, including a significant 2017 expansion, House Bill 3016, that for the first time allowed some DWI convictions to qualify. This guide walks through who is eligible, what the waiting periods actually are depending on which pathway applies, and where the hard exclusions sit. If you completed deferred adjudication or probation in Texas and are trying to determine whether your record can be sealed, call Barton & Associates at 210-500-0000 for a free, confidential consultation.
What an Order of Nondisclosure Actually Does
Nondisclosure is often described as sealing a record, and that is a reasonably accurate shorthand, but it is worth being precise about what it does and does not change. Once a court grants an order of nondisclosure, the Texas Department of Public Safety and other criminal justice agencies are prohibited from disclosing the sealed information to most private entities that request a background check, including most employers, landlords, and licensing bodies outside a specific excluded list. The record is not destroyed, and it remains accessible to law enforcement agencies, prosecutors, and courts, which can matter if you are ever charged with another offense. This is the core distinction from expunction, which erases a record and allows a person to deny under oath that the arrest ever occurred. Nondisclosure gives you the right to decline to disclose the sealed matter to most private parties, which is a real and often life-changing protection, but it is a narrower remedy than expunction by design.
Nondisclosure After Deferred Adjudication: The Main Pathways
Most nondisclosure petitions arise from a defendant who successfully completed deferred adjudication community supervision. Texas splits this into two statutory tracks depending on the nature of the offense.
Certain nonviolent misdemeanors, under Section 411.072. For a defined category of lower-level, nonviolent misdemeanors, Texas law provides what is often called an automatic pathway. If the underlying misdemeanor did not involve family violence, was not a sex offense, assault, disorderly conduct, public indecency, or a small number of other excluded categories, and the person has never before been convicted of or placed on deferred adjudication for any other offense besides a fine-only traffic ticket, the court is generally required to issue the order of nondisclosure once the statutory conditions are met, often shortly after discharge and dismissal.
Felonies and most other misdemeanors, under Section 411.0725. For deferred adjudication cases that do not qualify under the automatic pathway above, including most felonies and a defined list of misdemeanor categories under Penal Code Chapters 20, 21, 22, 25, 42, 43, and 46, this section applies instead, generally with an added waiting period after discharge and dismissal: commonly two years for the specified misdemeanor categories, and commonly five years for felonies. Because eligibility and the applicable waiting period both depend on precisely how the underlying offense is classified, this is an area where the exact statute governing your specific charge matters far more than a general sense of how the law works.
Nondisclosure for Certain Misdemeanor Probations, Under Section 411.073
A separate pathway applies to a person who was convicted of certain qualifying misdemeanors and placed on straight probation rather than deferred adjudication. This pathway carries its own exclusions, including that the underlying offense could not have involved driving, flying, or boating while intoxicated, and generally requires a waiting period after completion of probation, commonly two years for misdemeanors and five years for felonies, before a petition can be filed.
The DWI Nondisclosure Pathway: House Bill 3016 and What Changed
For years, Texas law provided no path at all to seal a DWI conviction, regardless of how long ago it occurred or how the person’s life had changed since. That changed with House Bill 3016, signed into law in 2017 and further expanded by House Bill 3582 in 2019, which created two new statutory pathways specifically for first-offense DWI convictions: Section 411.0731 for a person placed on community supervision following a DWI conviction, and Section 411.0736 for a person convicted of DWI without community supervision.
Eligibility under either DWI pathway is genuinely narrow, and it is worth understanding the requirements clearly before assuming a DWI conviction qualifies. Generally, the conviction must have been a first offense, the offense must have been a misdemeanor DWI rather than an intoxication assault, intoxication manslaughter, or felony DWI, the person’s blood alcohol concentration must have been below 0.15, no other person can have been injured in an accident connected to the offense, and the person must have no other prior convictions or deferred adjudications besides fine-only traffic offenses. The waiting period under these DWI-specific pathways is tied to whether an ignition interlock device was installed as a condition of the sentence for a meaningful period, commonly six months or more. When an interlock requirement was met, the waiting period is generally shorter. When it was not, the waiting period is generally longer, often several years more. Because sources describe these interlock-tied timeframes with some variation depending on which specific DWI pathway applies, and because this is an area where legislative amendments have already changed the law twice in less than a decade, we recommend confirming the exact current waiting period that applies to your specific conviction date and sentence terms with an attorney rather than relying on a general rule.
It is also worth being direct about what a DWI nondisclosure does not do. Even after a first DWI is successfully nondisclosed, Texas law still allows that prior conviction to be used to enhance the punishment range if the person is ever convicted of a subsequent DWI. Sealing the record from public view does not erase its relevance inside the criminal justice system.
Who is Excluded From Nondisclosure, Regardless of Pathway
Section 411.074 of the Government Code operates as a gating filter that applies across nearly every nondisclosure pathway described above. Under this section, a person is generally ineligible for nondisclosure, regardless of how the underlying case was resolved, if they have ever been convicted of or placed on deferred adjudication for certain serious offenses, including offenses involving family violence, most sex offenses, capital murder, murder, aggravated kidnapping, indecency with a child, sexual assault, aggravated sexual assault, continuous sexual abuse of a child, and certain trafficking and stalking offenses. A person is also generally ineligible if they are required to register as a sex offender, or if, during the relevant supervision period or waiting period, they were convicted of or placed on deferred adjudication for any offense other than a fine-only traffic ticket. Even outside these categories, courts retain discretion in some circumstances to deny a nondisclosure petition if the offense was found to be violent or sexual in nature, or if the court determines nondisclosure would not serve the interest of justice.
Frequently Asked Questions: Texas Nondisclosure Under Chapter 411
1. What does an order of nondisclosure actually do?
An order of nondisclosure seals a criminal record from most private requesters, including most employers and landlords, while leaving it accessible to law enforcement, courts, and certain licensing agencies. Unlike expunction, nondisclosure does not destroy the record.
2. What is the difference between nondisclosure and expunction?
Expunction under Chapter 55A of the Code of Criminal Procedure erases a record entirely and allows a person to deny under oath that the arrest occurred. Nondisclosure under Chapter 411 of the Government Code seals a record from most private parties but does not erase it, and it remains visible to law enforcement, courts, and certain licensors.
3. Can I get a nondisclosure if I completed deferred adjudication?
In many cases, yes. Deferred adjudication is not eligible for expunction, but it is the most common basis for nondisclosure. Depending on the offense, either Section 411.072 or Section 411.0725 of the Government Code applies, each with different eligibility rules and waiting periods.
4. What is the difference between Section 411.072 and Section 411.0725?
Section 411.072 applies to a defined category of nonviolent misdemeanors and, when the requirements are met, often allows nondisclosure shortly after discharge and dismissal. Section 411.0725 applies to felonies and to misdemeanors that do not qualify under Section 411.072, generally with a waiting period after discharge and dismissal, commonly two years for the specified misdemeanor categories and commonly five years for felonies.
5. Can a DWI conviction be sealed in Texas?
In limited circumstances, yes. House Bill 3016, signed into law in 2017 and expanded by House Bill 3582 in 2019, created nondisclosure pathways for certain first-offense DWI convictions under Sections 411.0731 and 411.0736 of the Government Code. Before this law, no DWI conviction could be sealed under any circumstances.
6. What are the requirements to seal a first-offense DWI in Texas?
Generally, the conviction must have been a first offense, the offense must have been a misdemeanor DWI rather than intoxication assault, intoxication manslaughter, or a felony DWI, blood alcohol concentration must have been below 0.15, no other person can have been injured in a connected accident, and the person must have no other prior convictions or deferred adjudications besides fine-only traffic offenses.
7. Does an ignition interlock device affect the DWI nondisclosure waiting period?
Yes. The waiting period under the DWI nondisclosure pathways is generally tied to whether an ignition interlock device was installed as a condition of the sentence for a meaningful period, often six months or more. Completing an interlock requirement generally shortens the waiting period compared to not having one.
8. If my DWI is sealed, can it still be used against me later?
Yes, in a specific way. Even after a first DWI conviction is nondisclosed, Texas law still allows that prior conviction to be used to enhance the punishment range if the person is later convicted of another DWI. Nondisclosure seals the record from public view but does not erase its relevance within the criminal justice system.
9. Who is permanently excluded from nondisclosure regardless of the pathway?
Section 411.074 of the Government Code excludes anyone who has ever been convicted of or placed on deferred adjudication for certain serious offenses, including family violence, most sex offenses, capital murder, murder, aggravated kidnapping, indecency with a child, sexual assault, aggravated sexual assault, continuous sexual abuse of a child, and certain trafficking and stalking offenses, as well as anyone required to register as a sex offender.
10. Can I be denied nondisclosure even if I meet the basic eligibility requirements?
Yes, in some circumstances. Courts retain discretion in certain pathways to deny a nondisclosure petition if the offense is found to have been violent or sexual in nature, or if the court determines that nondisclosure would not serve the interest of justice, even when the statutory eligibility requirements are otherwise met.
11. Is there a nondisclosure pathway for straight probation, not deferred adjudication?
Yes. Section 411.073 of the Government Code applies to certain qualifying misdemeanors where a person was convicted and placed on straight probation rather than deferred adjudication, subject to its own exclusions and waiting periods, commonly two years for misdemeanors and five years for felonies after completion of probation.
12. Does completing my sentence automatically clear my record?
No. Completing a sentence, probation, or deferred adjudication does not automatically seal or erase the record. A person must affirmatively file a petition for nondisclosure or expunction, whichever applies, and the record remains fully visible until a court grants that petition.
13. Can I have a DWI conviction expunged instead of nondisclosed?
No. A conviction, including a DWI conviction, is not eligible for expunction under Chapter 55A. Nondisclosure under the specific DWI pathways described above is the only statutory record-relief option available for a qualifying first-offense DWI conviction.
14. How do I know which nondisclosure pathway applies to my case?
Eligibility and the applicable waiting period depend on the specific offense charged, how the case was resolved, whether community supervision was deferred adjudication or straight probation, and the exact dates involved. Because several different sections of Chapter 411 apply to different fact patterns, and because the law has changed multiple times since 2015, determining the correct pathway generally requires a review of the specific case rather than a general rule.
15. Why does timing matter so much in a nondisclosure case?
Waiting periods are calculated from specific dates, such as the date of discharge and dismissal or the date probation was completed, and courts strictly enforce these timing requirements. Filing before the applicable waiting period has run generally results in denial, so confirming the correct eligibility date before filing is essential to avoid delay.
How This Plays Out in Practice
We regularly meet with people who assume, incorrectly, that completing probation or deferred adjudication years ago automatically cleared their record, only to discover during a job application or a licensing process that the record is still fully visible. We also meet people on the opposite end of the spectrum, who assume nothing can ever be done about an old conviction and have simply stopped trying, unaware that the law changed in 2017 specifically to give first-time DWI offenders and others a path that did not exist before. Both assumptions cost people real opportunities.
Determining which pathway applies to a specific case, confirming the correct waiting period, and preparing a petition that accounts for the Section 411.074 exclusions before filing is not a process we recommend handling based on a general online description of the law, given how much the correct answer depends on the exact offense, the exact disposition, and the exact dates involved. If you believe an old conviction, deferred adjudication, or DWI case may qualify for nondisclosure, contact Barton & Associates, Attorneys at Law, for a free, confidential consultation, and we will review your specific record and tell you honestly which pathway, if any, applies and when you become eligible to file.
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
Schedule a Free Consultation
Disclaimer
This page is intended for general informational purposes only and does not constitute legal advice. Texas nondisclosure law is governed by Subchapter E-1 of Chapter 411 of the Government Code, which contains numerous distinct statutory pathways, exclusions, and waiting periods that have been amended by the Texas Legislature multiple times, including significant changes in 2015, 2017, and 2019. Eligibility depends on the specific offense, disposition, sentence terms, and dates involved in each case, and this guide is not a substitute for a consultation with a licensed Texas criminal defense attorney about your specific situation.
