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

Adult Criminal Records

This article contains information on orders of nondisclosure for cases dismissed on or after September 1, 2017. This article includes information on how to get a non disclosure under section 411.072 of the Texas Government Code. FORMS ARE INCLUDED. This article was written by the Texas Office of Court Administration.

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:

    • 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. 

What happens after the court grants me an Order of Nondisclosure?

The clerk will send a copy of the Order of Nondisclosure to DPS. DPS will then send the Order to a number of other government agencies.

You may also want to tell private background-check companies to remove your record from their databases. One way to do this is to contact the Foundation for Continuing Justice at www.continuingjustice.org.

What happens after the court grants me an Order of Nondisclosure?

The clerk will send a copy of the Order of Nondisclosure to DPS. DPS will then send the Order to a number of other government agencies.

You may also want to tell private background-check companies to remove your record from their databases. One way to do this is to contact the Foundation for Continuing Justice at www.continuingjustice.org.

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 for guided forms (recommended).

Click here for PDF forms.

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