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Nondisclosure - Procedure for Community Supervision Following Conviction for Certain Driving While Intoxicated Convictions - Under section 411.0731

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.

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Indroduction

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

You are only eligible for an order of nondisclosure under Section 411.0731 of the Texas Government Code if:

  • You were convicted and placed on community supervision for a Driving While Intoxicated misdemeanor offense under Section 49.04, Penal Code.
  • The offense was not a Class A misdemeanor under Section 49.04.
    • Generally, a Driving While Intoxicated offense is a Class B misdemeanor.  If it was determined that your blood alcohol was greater than .15, the offense is a more serious Class A misdemeanor and not eligible for nondisclosure. 
  • The circumstances of your case CANNOT have resulted in a motor vehicle accident involving another person, including a passenger in your vehicle. 
  • Your community supervision (hereinafter referred to as “probation”) was not revoked and you successfully completed your period of probation. 
    • You must have complied with all terms of community supervision, including any term of confinement imposed and payment of all fines, costs and restitution. 
  • You have never been previously convicted of or placed on deferred adjudication community supervision for another offense, other than a traffic offense punishable by fine only.    

Waiting Period - IMPORTANT

You are eligible to file a petition for order of nondisclosure under Section 411.0731 accordingly:

  • On or after the second anniversary of the date you completed probation, only if a condition of your probation was that for a period of not less than six months you were required to drive a vehicle equipped with an ignition interlock device.
  • On or after the fifth anniversary of the date you completed probation if you were not ordered to have an ignition interlock device for more than six months.  

Obtaining a nondisclosure under Section 411.0731 - Procedure

  • In order to obtain an order of nondisclosure under Section 411.0731, if you are eligible, you must file a petition.
    • The form and instructions for obtaining an order of nondisclosure under Section 411.0731 are available below.
    • A nondisclosure petition is always filed into the court where your original case was heard. 
  • You will have to pay the filing fee, or submit a Statement of Inability to Afford Costs. 
    • The filing fee must be paid at the time you file the petition. 
  • You do not have to pay the clerk to notify the prosecutor of your petition.
    • Under Section 411.0745(e), Government Code, the court must notify the prosecutor.
  • You will have to attend a hearing setting.  The court will give you your hearing date or tell you how to obtain a hearing setting with the court. 
    • You may have to contact the court to request a hearing.
    • The prosecutor has the opportunity to respond to your petition with either an objection or non-objection. 
    • You MUST make arrangements to attend the hearing setting. 
  • Additionally, if the court issues an order of nondisclosure, you do not have to pay the clerk to notify law enforcement.
    • Under Section 411.075, Government Code, the clerk must notify the Crime Records Service Division of the Texas Department of Public Safety (hereinafter “DPS”) of the order of nondisclosure, and DPS must notify the law enforcement agencies and entities listed in the statute.

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.

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