Nondisclosure - Procedure for Conviction for Certain Misdemeanors - Under Section 411.0735
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.
The information, instructions, and forms provided in this resource assume that you have:
- Determined that you meet the basic eligibility requirements to get an order of nondisclosure AND
- Identified the type of nondisclosure, if any, that applies to your specific offense.
- You were convicted for a misdemeanor offense.
- Conviction for a misdemeanor includes any sentence imposing a conditions, imprisonment, fines, costs or restitution.
- The offense was not an operating while intoxicated offense or organized crime offense.
- Information on nondisclosure for certain Driving While Intoxicated offenses can be found here.
- The offense was not violent or sexual in nature. A conviction for simple assault is not considered violent for purposes of this requirement.
- A conviction for simple assault under Section 22.01, Penal Code, IS eligible for nondisclosure
- You complied with all terms of your sentence, including any term of confinement imposed and payment of all fines, costs and restitution.
You must 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.
You are eligible to file a petition for order of nondisclosure under Section 411.0735 accordingly:
- On or after the date you completed your sentence, if the offense was a misdemeanor punishable by fine only (Fine only misdemeanors are Class C misdemeanors), or;
- On or after the second anniversary of the date you completed your sentence for all other misdemeanor convictions.
- In order to obtain an order of nondisclosure under Section 411.0735, if you are eligible, you must file a petition.
- The form and instructions for obtaining an order of nondisclosure under Section 411.0735 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.
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.
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.
Please see the forms and instructions for this type of order of nondisclosure directly below.