hide my visit

Nondisclosure - Deferred Adjudication Community Supervision for Certain Nonviolent Misdemeanors - Under Section 411.072

What is an Order of Nondisclosure?

An order of nondisclosure is a court order prohibiting public entities such as courts and police departments from disclosing certain criminal records. If you have a criminal record, you may benefit from obtaining such an order. You are not required to disclose information related to an offense that is the subject of an order of nondisclosure. 
 
Please note that an order of nondisclosure applies to a particular criminal offense. The order does not apply to all offenses that may be on your criminal history record, but you may obtain multiple orders of nondisclosure for multiple offenses. 
 
As mentioned above, an order of nondisclosure prohibits entities holding information about a certain offense on your criminal history record from disclosing that information. This is a general rule. There are exceptions. Certain state agencies may still obtain information concerning an offense that is the subject of an order of nondisclosure. 
 
Please click the link below for more an overview of nondisclosures in Texas.

Click here

Introduction

The information, instructions, and forms provided in this resource assume that you have:

You are only eligible for an order of nondisclosure under Section 411.072 of the Texas Government Code if:

  • Your order of discharge and dismissal from your deferred adjudication sentence was issued AFTER September 1, 2017
    • If you received a discharge and dismissal PRIOR TO September 1, 2017 you are still eligible for nondisclosure, just under a different section.  The correct set of forms and instructions for a nondisclosure under this other section are available at the link below:
  • Your deferred adjudication sentence was NOT for one of the following types of offenses:
    • Kidnapping (Chapter 20), Sexual Offenses (Chapter 21), Assaultive Offenses (Chapter 22), Offenses Against the Family (Chapter 25), Disorderly Conduct (Chapter 42), Public Indecency (Chapter 43), Weapons (Chapter 46), Organized Crime (Chapter 71), or any case designated as a Sexual Violent Offense. 
      • If you received deferred adjudication for one of the preceding offenses, you may still be eligible under Section 411.0725, for forms and instructions, click below:
  • You have received a discharge and dismissal for the offense for which you are requesting an order of nondisclosure.
  • It has been at least 180 days since the court placed you on deferred adjudication.
  • You have never been previously convicted of or placed on deferred adjudication for another offense, other than one punishable by a fine only. 
    • “fine only” offenses are typically traffic offenses and Class C misdemeanors. 

Obtaining a nondisclosure under Section 411.072 - Procedure

  • You are not required to file a Petition;
  • You are required to submit to the Court sufficient evidence to establish that you are eligible to receive an order of nondisclosure under Section 411.072.
    • You can meet this requirement by supplying the information required to complete the Letter to the Court Regarding Order of Nondisclosure under Section 411.072 available below.
  • You must pay a $28 fee or submit a Statement of Inability to Afford Payment of Court Costs to the clerk before the court will issue the order.
  • You may click here to obtain the form for the Statement of Inability to Afford Payment of Court Costs 

After Filing

The law requires the judge to determine whether you satisfy the requirements of Sections 411.072 and 411.074 and to make a written finding in the Order of Nondisclosure that the requirements of those sections are satisfied. Please see the model order below. 

The judge will have access to your criminal history record information and may use it to determine your eligibility for an order of nondisclosure under Section 411.072.

If you meet the requirements for an order of nondisclosure under Section 411.072 and follow the procedure outlined above, the judge is required to issue the order of nondisclosure “as soon as practicable” after the 180th day after the date the judge placed you on deferred adjudication.

If the judge signs your discharge and dismissal on or after the 180th day after the date the judge placed you on deferred adjudication, the judge is required to issue the order of nondisclosure at the time the judge discharges and dismisses the proceedings against you. 

Forms and Instructions Below

NOTE: It is a good idea to have a lawyer review your forms before you file or send them to ensure you have taken the right steps in the legal system. Please click the link below for information on limited scope representation for information on a good way to contact a lawyer for help.

Limited Scope Representation

Please see the forms and instructions for this type of order of nondisclosure directly below.

Click Here