Last Updated on June 27, 2025 by Beltz Law Group
Beltz Law Group – Criminal Defense
Sealing Criminal Records in Texas: Understanding Nondisclosures and Expunctions
Beltz Law Group: 214-321-4105
Facing a criminal conviction in Texas can have long-lasting consequences, impacting employment, housing, and even personal reputation. While a conviction might seem permanent, Texas law offers avenues to protect your past, making your criminal record less accessible to the public. This process, often referred to as “sealing criminal records,” primarily involves Orders of Nondisclosure and Orders of Expunction.
Not every conviction or arrest can be removed or sealed, but if your case meets specific legal requirements, it can make a significant difference in your life. Imagine having a theft case, an assault charge, or a drug paraphernalia conviction shielded from public view. This article will help you understand these options and determine if you might be eligible to protect your criminal background in Texas.
After reading, if you have specific questions or would like to discuss your case with our experienced team of paralegals and attorneys, please contact us at 214-321-4105.
Understanding the Difference: Expunction vs. Nondisclosure
It’s crucial to understand the distinction between these two primary methods of record sealing:
- Expunction (Texas Code of Criminal Procedure Chapter 55A): An expunction is the most comprehensive form of record sealing. When a record is expunged, it is destroyed or removed from all government files, making it as if the arrest or conviction never happened. This applies to both police (arrest) records and judicial (court) records. Eligibility for expunction is generally limited to cases that were dismissed, acquitted, or resulted in a pardon.
- Order of Nondisclosure (Texas Government Code Chapter 411, Subchapter E-1): A nondisclosure order seals your criminal record from public view. While the record still exists, certain government agencies (like law enforcement or licensing boards) may still access it. This option is typically available for individuals who successfully completed deferred adjudication probation or, in some limited circumstances, for certain misdemeanor convictions after a waiting period.
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This article primarily focuses on Orders of Nondisclosure for convictions, particularly those Class C misdemeanors where a fine was simply paid.
Orders of Nondisclosure for Past Convictions
One common scenario our criminal defense lawyers encounter is when an individual is arrested for a Class “C” misdemeanor (such as a traffic ticket, public intoxication, or minor theft) and simply pays the fine to secure release from jail. In Texas, if a fine is paid in such a manner without further legal action, it typically results in a permanent conviction on that person’s record. Often, the individual doesn’t realize the long-term impact of this conviction until months or years later, perhaps during an employment background check.
For those who missed the 10-day window to file a motion for new trial (a common remedy for jail pleas, as discussed in our related article), the good news is that the Texas Legislature foresaw such situations. They provided for Orders of Nondisclosure to be filed under specific circumstances, allowing certain convictions to be shielded from public access.
Eligibility Requirements for Nondisclosure of a Conviction (Government Code § 411.071 et seq.)
To be eligible for an Order of Nondisclosure for a conviction (not deferred adjudication), the law sets forth strict criteria. This is generally applicable to certain Class C misdemeanors. The following conditions must be met:
- Offense Type: The conviction must not be for any of the following specifically excluded crimes:
- Driving/Operating Watercraft Under the Influence of Alcohol By Minor (Alcoholic Beverage Code § 106.041)
- Driving While Intoxicated (Penal Code § 49.04)
- Flying While Intoxicated (Penal Code § 49.05)
- Boating While Intoxicated (Penal Code § 49.06)
- Assembling or Operating an Amusement Ride While Intoxicated (Penal Code § 49.065)
- Organized Crimes (Penal Code Chapter 71)
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No Prior Serious Convictions (Lifetime Bar): The individual must never have been previously convicted of any of the following serious offenses:
- Murder (Penal Code § 19.02)
- Capital Murder (Penal Code § 19.03)
- Trafficking of Persons (Penal Code § 20A.02)
- Continuous Trafficking of Persons (Penal Code § 20A.03)
- Injury to a Child, Elderly Individual, or Disabled Individual (Penal Code § 22.04)
- Abandoning or Endangering a Child (Penal Code § 22.041)
- Violation of Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case (Penal Code § 25.07)
- Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case (Penal Code § 25.072)
- Stalking (Penal Code § 42.072)
- Any other offense involving family violence, as defined by Section 71.004, Family Code.
- No Affirmative Finding of Family Violence: The court in the case for which the nondisclosure is requested must not have made an affirmative finding that the offense involved family violence (as defined by Section 71.004, Family Code). This is a crucial point, as even if the offense isn’t explicitly listed above, an affirmative finding of family violence can bar nondisclosure.
- Completion of Sentence and Waiting Period:
- The applicant must have completed their sentence (including any confinement, community supervision, and payment of fines/costs).
- A specific waiting period must have passed since the completion of the sentence. For Class C misdemeanors not involving motor vehicles, this period is often two years. Other offenses or circumstances may have different waiting periods.
- “Interest of Justice” Determination: Finally, even if all the above statutory requirements are met, the judge must determine that sealing the record is “in the interest of justice.” This is a discretionary power of the judge. It means the judge will consider the facts of your case, your behavior since the conviction, and the potential impact on your life versus any public safety concerns. A compelling argument, often presented by an attorney, is vital here.
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Recent Changes to Expunction and Nondisclosure Laws (Effective January 1, 2025)
It’s important to be aware that significant changes to Texas law regarding criminal record sealing have recently taken effect or will soon.
- New Expunction Chapter (Chapter 55A): Texas law governing expunctions has been restructured, effective January 1, 2025. This new chapter aims to modernize and streamline the process. For certain Class C misdemeanors that resulted in successful deferred adjudication, they may now be eligible for expunction (complete destruction of records), rather than just nondisclosure, which is a major positive change.
- Automatic Expungement: In very limited circumstances, certain dismissed charges or acquittals might now be automatically expunged without a petition.
- Government Code Updates: While Chapter 55A deals with expunctions, nondisclosures for convictions (and some deferred adjudications) remain under the Texas Government Code, Chapter 411. While the core criteria for these nondisclosures remain largely consistent with the above, it’s always critical to consult with an attorney for the most current interpretation and application of the law.
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Hire a Lawyer to Seal a Criminal Conviction on Your Record
Navigating the complexities of Texas record sealing laws can be challenging. Eligibility requirements are strict, the application process is precise, and the “interest of justice” component requires a persuasive legal argument.
If you believe you meet the requirements for an Order of Nondisclosure or an Expunction, and would like to discuss whether a lawyer can help seal your criminal record, don’t hesitate. Contact our experienced team of lawyers and paralegals at the Beltz Law Group at 214-321-4105. We look forward to serving you and helping you pursue a cleaner slate for your future!
