Petition for Nondisclosure & Sealing Record in Texas

Protecting Your Record- Petition for Non Disclosure

A person is eligible to seal his or her criminal record through Nondisclosure after successfully completing Deferred Adjudication Probation for certain misdemeanor and felony offenses. Deferred adjudication is a form of probation that requires you to plead guilty or no contest to your criminal charge, but where the Judge defers a finding of guilt and never finds you guilty if you successfully complete the terms of your probation.

If you successfully complete your deferred adjudication probation, and your criminal offense qualifies under Texas law, you will be eligible for nondisclosure as follows: (1) immediately; (2) in two years; or (3) in five years. If you received a final conviction for any reason, including paying a fine and accepting time served, you will not be eligible for Nondisclosure. A final conviction is final - there is no way to seal this type of record, no matter how many years pass.

If you have successfully completed deferred adjudication for any of the following misdemeanors then you are eligible to seal your record immediately without waiting period required.

  • Criminal Trespass
  • Failure to ID to Police Officer
  • Gambling
  • Evading arrest on Foot
  • Burglary of a Coin Operated Machine
  • Obscenity
  • Resisting Arrest
  • Possession of Marijuana
  • Prostitution
  • Theft (Misdemeanor)

The following Misdemeanor offenses are eligible to be sealed through a non disclosure after successfully completed the deferred adjudication and then waiting 2 years before filing a Petition of Nondisclosure:

  • Assault (as long as NO finding of family violence)
  • Bigamy
  • Deadly Conduct
  • Discharge of Firearm
  • Harassment
  • Public Lewdness
  • Indecent Exposure
  • Riot
  • Unlawful Carrying of a Weapon (UCW)
  • Possession of a Prohibited Weapon
  • Terroristic Threat (misdemeanor)
  • Interference with a Emergency Phone Call


All qualifying felony offenses have a five (5) year waiting period before you can file a Petition for Nondisclosure.

The following criminal offenses are NEVER eligible for a Petition for Nondisclosure even upon successful completion of deferred adjudication:

  • Indecency with a Child
  • Sexual Assault
  • Aggravated Sexual Assault
  • Prohibited Sexual Conduct
  • Aggravated Kidnapping
  • Compelling Prostitution
  • Sexual Performance by a Child
  • Injury to a Child
  • Violation of a Protective Order
  • Any Offense involving family violence
  • Possession or promotion of Child Pornography
  • Unlawful Restraint, Kidnapping, or Aggravated Kidnapping
  • Murder and Capital Murder
  • Attempt, Conspiracy, or Solicitation, to Commit any of the above offenses
  • Effect of Sealing Your Criminal Record Through Non-Disclosure


Our attorneys have handled hundreds of non disclosures in Austin, throughout Williamson, Hays and Travis county. We will prepare the necessary Petition for Nondisclosure and argue your case to the Judge to get your record sealed. Once the Court grants the Nondisclosure, criminal justice agencies will not be allowed to disclose information about your case to most law enforcement and government agencies.

Although, Texas law does allow some government entities and law enforcement agencies to obtain information about your criminal history even after a non disclosure has been granted, such as the Boards that regulate nurses and teachers, the Texas Department of Licensing and Regulation, and TABC. Through this process of Nondisclosure, you can deny that you were ever arrested for purposes of loan applications, job interviews and leases. However, unlike an Expunction, you cannot deny that you were arrested in any future criminal prosecution.