One of the most common questions we hear at Beltz Law Group from clients who have successfully completed deferred adjudication for a misdemeanor assault is: “When can I get this off my record?”
While many misdemeanor offenses in Texas are eligible for an Order of Non-Disclosure (which effectively “seals” your record from the general public), there is a significant and permanent exception for family violence cases.
The short answer is no. If you were placed on deferred adjudication for Assault Causing Bodily Injury — Family Violence (FV), you are categorically ineligible for an order of non-disclosure. Success in your probation does not change this legal reality.
The Statutory “Dead End”: Texas Government Code § 411.074
Assault Family Violence Lawyer
In Texas, the rules for sealing a record are found in the Government Code. While Section 411.0725 generally allows people who complete deferred adjudication to petition for non-disclosure, it forces everyone to pass through a “gatekeeping” provision: Section 411.074.
This section contains two independent statutory bars that permanently block family violence cases from being sealed.
1. The Nature of the Offense Bar
Under § 411.074(b)(1)(D), a person is ineligible for non-disclosure if they have ever been placed on deferred adjudication for an offense “involving family violence.” Because “Assault Family Violence” (Texas Penal Code § 22.01) is, by definition, an offense involving family violence, it is automatically excluded. The “FV” designation on your case is a permanent label that tells the state this record must remain open.
2. The Affirmative Finding Bar
Even if the name of the offense didn’t disqualify you, § 411.074(b)(2) creates a second hurdle. It bars non-disclosure if the court makes an affirmative finding of family violence. In Texas, when a judge signs a deferred adjudication order for these cases, they almost always include a specific finding that family violence occurred.
Historically, some argued that because deferred adjudication isn’t a “final conviction,” these findings shouldn’t count. However, the Texas Court of Criminal Appeals recently put this to rest in Zapata v. State (2025), ruling that judges have the full authority to make these findings during deferred adjudication, effectively locking the door on non-disclosure.
What Qualifies as “Family Violence”?
Criminal Defense North Texas
Texas law uses a broad definition for family violence (found in Texas Family Code § 71.004). It isn’t limited to just spouses. It includes:
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Current or former spouses.
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Parents of the same child.
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Foster children or foster parents.
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Dating relationships (Dating Violence).
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Members of the same household (Roommates).
If the alleged victim fits any of these descriptions and bodily injury was involved, the state will likely push for an “FV” designation, which triggers the permanent bar on sealing the record.
The Courts Are Not Flexible
You might wonder if a sympathetic judge could grant the non-disclosure anyway. The answer is that they cannot. Texas appellate courts have ruled that any order granting a non-disclosure for a family violence case is void.
In the case In re State ex rel Parsons (2019), a trial court actually tried to grant a non-disclosure for a man who finished his probation. The Court of Appeals stepped in and ordered the judge to vacate it, stating that the Legislature intended to prevent family violence offenders from “ever receiving” such relief.
Key Takeaway: The law views family violence as a “serious violent offense” category—similar to sexual offenses—that stays on your record for life to protect the public and future partners.
Why the Initial Plea Matters
Criminal Defense Attorney
Because you cannot seal a family violence record later, the most important work happens at the beginning of your case. Once you accept a plea for “Assault Family Violence,” the door to non-disclosure closes forever.
At Beltz Law Group, we understand that a permanent criminal record can affect your housing, your career, and your future. If you are facing an assault charge in North Texas, it is vital to have an attorney who can fight to:
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Get the case dismissed entirely.
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Negotiate a “Simple” Assault (without the FV designation), which may be eligible for non-disclosure.
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Explore Class C reductions or other alternatives that don’t carry the same permanent stigma.
Don’t wait until your probation is over to find out your record is permanent. Call Beltz Law Group today at 214-321-4105 or visit us at www.beltzlaw.com to discuss your options.
