Key Takeaways

  • Nondisclosure orders seal criminal records from public view in Texas, including in Austin.
  • Eligibility varies depending on offense type, case outcome, and timing.
  • Recent legal changes expand eligibility, including for certain misdemeanor convictions.
  • A formal petition must be filed in the county of the offense; rules vary by jurisdiction.
  • Some offenses and case outcomes are never eligible for nondisclosure.
  • Consulting a knowledgeable attorney is often key to a successful petition.

A nondisclosure in Texas cannot be given for a convicted offender.

The nondisclosure law in Texas has had important changes since Sept. 1, 2017, which alters the changes from Sept. 1, 2015, and increases the eligibility for nondisclosure.

Texas Nondisclosure Overview

The most significant change is that the rules apply to all cases, regardless of when the offense happened. Nondisclosure rules have mostly remained the same since the new changes. 

The rules do change, though, for misdemeanor adjudication cases that were dismissed after Sept. 1, 2017. The changes include new sections, which were added to allow for nondisclosure of certain misdemeanor convictions, such as driving while intoxicated. 

There are two kinds of particular situations where nondisclosure is also permitted:

  • Nondisclosure is allowed with successful completion of a Veterans Treatment Court.
  • Nondisclosure for some victims of human trafficking.

Eligibility for Non Disclosures in Austin and Beyond

Eligibility for a nondisclosure order in Texas depends on several factors, including the type of offense, the outcome of the case, and whether all court requirements were met. In general, individuals may be eligible if:

  • They successfully completed deferred adjudication community supervision.
  • They have not been convicted of or placed on deferred adjudication for another offense (excluding traffic violations) during the applicable waiting period.
  • The offense is not one that is specifically excluded under Texas Government Code §411.074, such as murder, family violence, or any offense requiring sex offender registration.

As of recent legislative changes, some misdemeanor convictions may now also qualify for nondisclosure if certain conditions are met. This includes first-time DWI offenses (with no accident involved) and other low-level misdemeanors.

In Austin and Travis County, judges have discretion when granting nondisclosures. Applicants must demonstrate that granting the order is “in the best interest of justice,” especially in borderline cases.

Documents Needed for a Nondisclosure Request

  • Copy of the judgment in the case.
  • A signed document where the judge reduced the period of deferred judgment, probation, confinement, or gave an early termination.
  • A signed document that shows successful completion of probation or deferred judgment.
  • A signed document showing judge dismissal of proceedings.
  • An order where the judge set aside the verdict in the case or allowed a withdrawal of the dispute against you.
  • A signed order by the judge of any findings that won't allow for an automatic nondisclosure order, including a finding having to do with family violence or of you having to register as a sex offender.

Additional Documentation and Local Considerations

While standard documents are required statewide, some counties — including Travis County — may request supplemental documentation or enforce stricter procedural rules. Common additional items include:

  • A certified copy of the dismissal order or judgment.
  • Proof of payment of all fines, fees, and restitution.
  • Documentation of participation in rehabilitation or treatment programs (especially relevant for DWIs or mental health-related offenses).

In Austin, it is highly advisable to check with the Travis County Clerk or District Clerk for current filing requirements and any local administrative orders that affect nondisclosure eligibility.

Applying for Nondisclosure in Texas

There is a complex and long process in order to apply for nondisclosure in Texas:

  • Get together a petition for nondisclosure that meets the statutory requirements.
  • File the petition at the court, which placed the deferred judgment.
  • If required, attend a hearing.
  • Get an order of disclosure.
  • Make sure the order of disclosure is enforced by the government and private entities.

Getting a petition ready for nondisclosure can be a complex process if you are unfamiliar with it. If you have your criminal record, know the requirements for documents, and can follow the instructions, it can be done.

You can use the Form Petition for Nondisclosure to try and be successful to file and seal your criminal records. Texas law requires a Petition for Expunction be filed in the county where the arrest happened, which can be different from the county where the charges happened.

The expungement process can vary from county to county in Texas, and many have different filing rules and fees. For instance, Dallas County requires everything sent by mail and with six paper copies of each sheet. When mailing paperwork, make sure to have a tracking number of mailings or confirmation of mail from delivery services like USPS.

Usually, you can send a copy of the petition to the prosecutor, along with the district court. It's important to contact your county clerk to understand the particular rules of the county.

In most cases, the Petition of Expunction has to be verified and signed by a notary public. Once the legal documents arrive in the mail, you wait for the county or district clerk to inform whether a hearing is needed. Unless there is an acquittal at trial, the hearing date depends on how busy the county is, even if Texas law requires the hearing to be 30 days after filing.

Waiting Periods and Timing Requirements

Texas law imposes specific waiting periods before you can petition for a nondisclosure:

  • Immediately: Certain misdemeanors following successful deferred adjudication.
  • 2 years: Some misdemeanor convictions, like DWI (with no accident).
  • 5 years: Felony deferred adjudication cases, in most situations.

During the waiting period, you must not be convicted or placed on deferred adjudication for any new offenses. This includes minor infractions, which may affect eligibility.

In Austin, the timing of the filing may also be impacted by court availability. Petitioners are encouraged to plan ahead and account for administrative processing delays.

Tips for Order of Nondisclosure 

  • It can be good to have the application for nondisclosure signed by a judge without a hearing, and stay up to date with the process.
  • In some cases, you can have the prosecutor agree to your order of nondisclosure to have it signed by a judge without heading to court, but most often, you have to attend a hearing for the judge to decide on your order of nondisclosure.
  • If you have to attend a hearing, dress appropriately and answer the judge's questions truthfully and concisely.
  • Remain calm and don't be afraid of the prosecutor, judge, and court setting.
  • If you are eligible for expungement, where the prosecutor doesn't have a reason to oppose your petition, then the order should be granted without much difficulty.

Local Trends in Non Disclosures Austin Courts

In Travis County and the greater Austin area, courts are seeing an increase in nondisclosure petitions due to broader eligibility under recent laws. However, judges retain wide discretion. Local attorneys report that:

  • Judges in Austin may scrutinize petitions closely if there is any indication of family violence.
  • Prosecutors in Travis County sometimes oppose petitions if restitution is incomplete or if the applicant has a questionable history.
  • Administrative errors (such as incorrect filing format or venue) are common reasons for delay or denial — particularly among self-represented petitioners.

It’s wise to consult with a legal expert who has experience navigating non disclosures in Austin courts.

Benefits and Limits of Nondisclosure Orders in Austin

A successful nondisclosure order can provide several important benefits:

  • Prevents most private background check companies from accessing sealed records.
  • Improves chances of employment, housing, and professional licensing.
  • Allows individuals to legally deny that the sealed offense ever occurred in many situations.

However, limitations remain:

  • Certain agencies, including law enforcement and licensing boards (e.g., the Texas Medical Board or State Bar), may still access sealed records.
  • The record is not destroyed — it’s sealed from public view.
  • You must still disclose the offense when applying for jobs in sensitive industries, such as education or healthcare.

Common Reasons for Denial of a Nondisclosure Petition

A court may deny a petition for nondisclosure in Texas for several reasons, such as:

  • The offense is not eligible under the law (e.g., domestic violence, sex-related crimes).
  • The petitioner has a disqualifying criminal history, including offenses committed during the waiting period.
  • Incomplete or inaccurate documentation.
  • The court determines that nondisclosure is not in the best interest of justice.

If your petition is denied, you may not be able to refile for that offense. This makes it essential to prepare thoroughly or seek legal assistance from a knowledgeable Austin attorney.

Frequently Asked Questions

  1. Can I get a nondisclosure if I completed deferred adjudication for a felony in Austin?
    Yes, in many cases you can, but a 5-year waiting period applies, and the felony must not be on the ineligible offenses list.
  2. Is a nondisclosure the same as an expunction?
    No. A nondisclosure seals your record from public view, while an expunction completely removes it. Nondisclosures are available for a broader range of outcomes, but expunction is more complete.
  3. Do I need a lawyer to apply for a nondisclosure in Austin?
    While not required, legal guidance is highly recommended due to strict eligibility criteria and county-specific rules in Austin.
  4. Will a nondisclosure remove my record from background checks?
    Yes — for most private employers. However, government agencies and licensing boards may still view the sealed records.
  5. How long does the nondisclosure process take in Travis County?
    It varies, but typically takes a few weeks to several months, depending on court schedules and whether a hearing is needed.

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