What Is the Difference Between a Non-Disclosure Order and an Expunction in Texas?
A non-disclosure order seals a criminal record from public view under Tex. Gov't Code § 411.074 — government agencies retain access. An expunction destroys the record entirely under Tex. Code Crim. Proc. § 55.01 — no agency retains any copy. Non-disclosure follows qualifying deferred adjudication; expunction requires dismissal, acquittal, or pardon. A non-disclosure lawyer Houston determines which of these two remedies actually applies before drafting any petition.
- Record is sealed from public view
- Government agencies can still access it
- Available after deferred adjudication or certain convictions
- You cannot legally deny the arrest on most applications
- Record still exists — it is hidden, not destroyed
- Record is completely destroyed
- No agency retains the record
- Available after dismissal, acquittal, or completed diversion
- You may legally deny the arrest on most applications
- The stronger remedy — but only available in limited situations
Who Qualifies for a Non-Disclosure Order in Texas?
A non-disclosure order in Texas is a court order that seals criminal records from public access under Tex. Gov't Code §§ 411.072–411.0745. Three primary eligibility paths exist: deferred adjudication completion, first-time misdemeanor conviction, and veteran or first responder status. Each path carries distinct waiting periods and offense exclusions. A non-disclosure lawyer Houston evaluates all three of these eligibility paths for every client, not just the most obvious one.
Deferred adjudication non-disclosure is available under Tex. Gov't Code § 411.074 when probation is completed without revocation. The 2-year-from-dismissal waiting period applies specifically to misdemeanors falling under Penal Code Chapters 20, 21, 22, 25, 42, 43, or 46 (assault-related, sexual, kidnapping/restraint, family, disorderly conduct, and weapons offenses). Misdemeanors outside those chapters — including simple drug possession and theft under $2,500 — qualify under § 411.0725 with no waiting period at all, filed immediately after dismissal. Felony deferred adjudications require a 5-year waiting period from dismissal. Murder, sex offenses, and family violence are permanently ineligible regardless of time elapsed.
For certain first-time, non-violent misdemeanor deferred adjudications, Tex. Gov't Code § 411.072 seals the record automatically 180 days after community supervision begins — with no petition, no filing fee, and no court hearing. This automatic pathway has narrower eligibility than the petition-based routes above, and a single disqualifying prior can remove it entirely. Herman Martinez checks whether a client already qualifies for automatic sealing before ever recommending a formal petition, since it can mean the record seals sooner and at no additional cost.
First-time misdemeanor conviction non-disclosure became available under Tex. Gov't Code § 411.0731 for eligible cases. The waiting period is 2 years from the date of sentence completion. The conviction — not the arrest — must be the defendant's first criminal offense. Certain misdemeanor offense categories remain ineligible even under this expanded pathway.
Veteran non-disclosure is available under Tex. Gov't Code § 411.0727 when the criminal conduct was connected to a mental health condition, traumatic brain injury, or PTSD related to military service. Waiting periods are reduced or eliminated for qualifying veterans. Broader offense categories are eligible compared to the standard deferred adjudication pathway. Herman evaluates every veteran and first responder client for these expanded rights at the initial consultation. A non-disclosure lawyer Houston screens every veteran and first responder client for this expanded eligibility at intake.
What Offenses Are Ineligible for a Non-Disclosure Order in Texas?
Non-disclosure ineligibility is absolute for specific offense categories under Tex. Gov't Code § 411.074(b). No waiting period and no petition can overcome permanent exclusion for these offenses. A non-disclosure lawyer Houston checks this exclusion list first, before spending time on eligibility analysis that would ultimately be futile.
- Murder, capital murder, and manslaughter
- Any offense requiring sex offender registration
- Family violence assaults
- Stalking and certain harassment offenses
- Human trafficking and compelling prostitution
- Injury to a child, elderly person, or disabled person
- Abandoning or endangering a child
Expunction is the stronger remedy — it destroys the record entirely under Tex. Code Crim. Proc. § 55.01. Non-disclosure only seals it. Clients whose charges were dismissed or who were acquitted should review the expunction in Texas page. For DWI-specific non-disclosure eligibility — which is narrowly restricted — review the DWI record clearing options page. A non-disclosure lawyer Houston recommends expunction over non-disclosure whenever a client actually qualifies for the stronger remedy.
Can a Non-Disclosure Order Be Reversed or Challenged Later?
A non-disclosure order is not necessarily permanent once granted. Texas law allows a court to rescind an order of non-disclosure if the petitioner is later convicted of certain offenses during the applicable waiting period, or if the court determines the order was obtained through fraud, misrepresentation, or a material omission in the petition itself — for example, failing to disclose a disqualifying prior offense from the same or a different county. Because the petition process depends on an accurate accounting of a person's full criminal history, an incomplete records search performed before filing can create real exposure later, even if the omission was unintentional rather than deliberate. If a non-disclosure order is rescinded, the record becomes visible again exactly as if the order had never been granted, and in cases involving misrepresentation, the rescission can carry additional legal consequences beyond simply losing the sealing benefit. A non-disclosure lawyer Houston conducts a complete statewide records search before filing any petition specifically to avoid this outcome, since a clean initial filing is far less risky than discovering a disqualifying prior offense after the order has already been granted.
Non-Disclosure Order Questions
No — non-disclosure does not authorize denial of the arrest. Only expunction provides that right under Texas law. A person with a non-disclosure order may state the record is sealed but cannot state no arrest occurred. Standard commercial background checks cannot access a sealed record. Law enforcement, licensing boards, schools, childcare facilities, and healthcare employers retain access regardless of the order.
A non-disclosure order removes the case from DPS and public-facing court databases. Private websites — mugshot sites, news archives, and data brokers — are not bound by the court order and are not required to remove previously published content. Herman advises clients on removal request strategies for private websites after the non-disclosure order is granted.
The waiting period is measured from the dismissal date — when the court formally closes the case after probation completion. Most misdemeanors require 2 years from dismissal. Most felonies require 5 years. Simple drug possession and theft under $2,500 carry no waiting period — Herman files immediately after dismissal for those qualifying offenses.
Standard DWI deferred adjudication is not available under Tex. Code Crim. Proc. Art. 42A.102(b), which bars deferred adjudication for offenses under Tex. Penal Code § 49.04. Because deferred adjudication is unavailable, the primary non-disclosure path is eliminated. If a DWI charge is reduced to reckless driving and receives deferred adjudication, non-disclosure may become available. Herman evaluates each case individually for alternative pathways. A non-disclosure lawyer Houston evaluates alternative pathways whenever the standard deferred adjudication route is statutorily unavailable.
Federal agencies are not bound by Texas state non-disclosure orders. Security clearance adjudicators, federal employers, and immigration officials retain independent access through federal databases. A Texas non-disclosure order seals the record from state criminal history databases and private employers only. Herman advises clients in federal employment or clearance proceedings on what must still be disclosed despite an active non-disclosure order. A non-disclosure lawyer Houston advises federal employees and clearance holders on exactly what a Texas order does and does not protect.
The non-disclosure process in Texas takes 60 to 90 days from petition filing to court order. Herman files the petition in the originating court, serves DPS and all required agencies, and appears at the hearing for the judge's signature. Agencies must implement the record sealing within 60 days of receiving the signed order. Private background check companies may require individual follow-up to confirm compliance.
Simple assault causing bodily injury — a Class A misdemeanor under Tex. Penal Code § 22.01 without a family violence finding — qualifies for non-disclosure after deferred adjudication and the 2-year waiting period under Tex. Gov't Code § 411.074. Family violence assault is permanently excluded under § 411.074(b)(2) regardless of any waiting period. Herman determines which category applies at the initial eligibility evaluation. A non-disclosure lawyer Houston determines which category of assault applies before advising on non-disclosure eligibility.
A deferred adjudication dismissal closes the case — it does not seal the record. The arrest and deferred adjudication remain visible on background checks after the dismissal. A non-disclosure order is a separate subsequent petition under Tex. Gov't Code § 411.074 that actively seals that visible record. Herman files non-disclosure petitions for all eligible clients immediately after their deferred adjudication dismissal is entered.
Most private employers using commercial background check services cannot access a non-disclosed record after the sealing order. Employers in regulated industries retain access: public schools, childcare facilities, healthcare organizations, financial institutions, and any employer using fingerprint-based checks through federal or state criminal justice databases. Herman identifies which employers fall into the access-retained category so clients understand their disclosure obligations for their specific industry. A non-disclosure lawyer Houston identifies exactly which employers retain access before a client relies on the order too broadly.
Yes — veterans qualify for expedited non-disclosure under Tex. Gov't Code § 411.0727 when the criminal conduct was connected to a mental health condition, traumatic brain injury, or service-related PTSD. Waiting periods for qualifying veterans are reduced or eliminated. Some offense categories ineligible under the standard pathway qualify under the veterans provision. Herman evaluates every veteran and first responder client for these expanded rights at the initial consultation. A non-disclosure lawyer Houston screens every veteran and first responder client for these expanded rights at the initial consultation.