How to Ask for a Nondisclosure Order - Seal Your Criminal Record

Use the Nondisclosure Order Prep Guide to see if you qualify.

Once your case is discharged and dismissed, you can file for a nondisclosure order 180 days after you were placed on deferred adjudication. (That is 180 days after you started deferred adjudication, not when you completed it.)

If your case was not dismissed until after the 180 days, you can seal your record at the time of dismissal. Note that most cases take more than 180 days to dismiss.

Not all cases require a court hearing to dismiss, and not all courts are set up to automatically give disclosure orders even if there is a dismissal hearing. You may need to return to court to get your order if you do not get it at the time of dismissal.

You must give the court evidence to show that you are eligible under 411.072. You can do this by filling out the form letter. If possible, also attach your order of deferred adjudication along with your dismissal and discharge documents.

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

If your case has already been dismissed, file the letter and unsigned order with the clerk of the court that dismissed your case after you completed deferred adjudication. There is a $28.00 fee. Ask the clerk if you need to set a hearing. Not all judges require one.

If your case has not yet been dismissed, you can file the letter with the court clerk at the time of dismissal or 180 days after you started deferred adjudication -- whichever is later. The dismissal date is usually later.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the fee. File the fee waiver and the letter at the same time.

The judge will review your criminal history and decide if you qualify to seal the offense under section 411.072. If the judge decides you qualify, they must issue a nondisclosure order.

The nondisclosure order then goes to the Department of Public Safety, which notifies any entities you listed in your request. Be sure to include an email for each entity, if possible, to help this process.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

Felony offenses

If the offense is a felony, you must wait five years after your dismissal and discharge to file.

Misdemeanor offenses

You must wait two years after your dismissal and discharge for the following misdemeanor offenses:

• Chapter 20 (kidnapping, unlawful restraint, or smuggling of persons),
• Chapter 21 (sexual offenses)
• Chapter 22 (assaultive offenses)
• Chapter 25 (offenses against the family)
• Chapter 42 (disorderly conduct and related offenses)
• Chapter 43 (public indecency offenses)
• Chapter 46 (weapons offenses)

For all other misdemeanors, there is no waiting period. You may file as soon as the court dismisses and discharges your case.

Complete the petition. If possible, attach a copy of your discharge and dismissal.

The petition form also has an option to tell the court that you have attached a list of all your convictions and deferred adjudications, with dates for each. If you choose this option, be sure to attach the list. You only have to provide this list if you say so on the form. It is optional.

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

File the petition and unsigned order with the clerk of the court that placed you on deferred adjudication. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the filing fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

The prosecutor will decide if they want to challenge your request for a nondisclosure order. The prosecutor should mail you a copy of any challenge they file. If the prosecutor challenges, talk to an attorney.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0725. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens. 

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

You must wait two years after your case is discharged and dismissed before filing.

Complete the petition. "Proof" can mean different things in different courts, but in general you must attach certified copies of the following:

• Your judgment order (order of deferred adjudication)
• Your dismissal and discharge order
• Department of Public Safety criminal history from Identogo
• Your indictment or "information" document (formal criminal charge document)

The court that charged you can give you a certified copy of your information. The court that gave you deferred adjudication can give you a certified copy of your judgment order. The court that finalized your case can give you a certified copy of your dismissal and discharge order. These may or may not all be the same court.

You can get a certified copy of your criminal history from Identogo, which partners with the Department of Public Safety to provide these records.

There will likely be a fee for each certified document.

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms:

• Driving while intoxicated
• Boating while intoxicated

File the petition and unsigned order with the clerk of the court that placed you on deferred adjudication. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0726. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

You must wait two years after completing the veterans treatment court program to file.

Complete the petition. If possible, attach proof that you completed the veterans court treatment program.

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

File the petition and unsigned order with the clerk of the court that placed you in the veterans treatment program. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0727. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

You must wait one year to file after either:

• the date your case was dismissed and discharged, if you completed deferred adjudication
• the date you completed your sentence, including payment of all fines and restitution, if you were convicted

Complete the petition. If possible, attach proof of your conviction or deferred adjudication.

You will also need to fill out the order of nondisclosure form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

File the petition and unsigned order with the clerk of the court that placed you on community supervision, whether deferred adjudication or probation. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the filing fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0728. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

Complete the petition. If possible, attach proof that you completed the veterans reemployment program.

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

There is no waiting period for a nondisclosure order under 411.0729. However, you must have completed your veterans training program and your community supervision, whether deferred adjudication or probation.

File the petition and unsigned order with the clerk of the court that heard your case. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0729. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify. Note that you cannot qualify under 411.073 for:

• Organized crime offenses under Chapter 71
• Driving while intoxicated
• Boating while intoxicated
• Operating an amusement ride while intoxicated

You can file your petition as soon as your community supervision (probation) ends unless your misdemeanor was one of the following:

• Chapter 20 (kidnapping, unlawful restraint, or smuggling of persons)
• Chapter 21 (sexual offenses)
• Chapter 22 (assaultive offenses)
• Chapter 25 (offenses against the family)
• Chapter 42 (disorderly conduct and related offenses)
• Chapter 43 (public indecency offenses)
• Chapter 46 (weapons offenses)

If your misdemeanor was one of these listed, you must wait two years after your probation ends.

Complete the petition. If possible, also attach both the order that placed you on probation and the order that shows you completed your sentence.

You will also need to fill out the order of nondisclosure form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

File the petition and unsigned order with the clerk of the court that placed you on probation. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the filing fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.073. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

Breathalyzer for six months: If you had interlock ignition device (breathalyzer) on your vehicle for at least six months, you must wait two years after completing community supervision (probation) to file.

No breathalyzer: If you did not have a breathalyzer on your vehicle for at least six months, you must wait five years after completing probation to file.

Complete the petition and order. "Proof" can mean different things in different courts, but in general you must attach certified copies of the following:

• Your judgment order (order of deferred adjudication)
• Your dismissal and discharge order
• Department of Public Safety criminal history from Identogo
• Your indictment or "information" document (formal criminal charge document)

The court that charged you can give you a certified copy of your information. The court that gave you deferred adjudication can give you a certified copy of your judgment order. The court that finalized your case can give you a certified copy of your dismissal and discharge order. These may or may not all be the same court.

You can get a certified copy of your criminal history from the Department of Public Safety.

There will likely be a fee for each certified document.

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

File the petition and unsigned order with the clerk of the court that placed you on probation. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0731. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

If your conviction was for a class C misdemeanor, you can file as soon as you complete your sentence.

If the offense was not a class C misdemeanor, you must wait two years after you complete your sentence.

Complete the petition. If possible, attach the following:

• a copy of your judgment order
• evidence that you completed your sentence

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

File the petition and unsigned order with the clerk of the court that convicted you. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0735. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.

Use the Nondisclosure Order Prep Guide to see if you qualify.

Breathalyzer for six months: If you had interlock ignition device (breathalyzer) on your vehicle for at least six months, you must wait three years after completing community supervision (probation) to file.

No breathalyzer: If you did not have a breathalyzer on your vehicle for at least six months, you must wait five years after completing probation to file.

Complete the petition. You must prove your eligibility. "Proof" can mean different things in different courts, but in general you must attach certified copies of the following:

• Your judgment order (order of deferred adjudication)
• Your dismissal and discharge order
• Department of Public Safety criminal history from Identogo
• Your indictment or "information" document (formal criminal charge document)

The court that charged you can give you a certified copy of your information. The court that gave you deferred adjudication can give you a certified copy of your judgment order. The court that finalized your case can give you a certified copy of your dismissal and discharge order. These may or may not all be the same court.

You can get a certified copy of your criminal history from the Department of Public Safety.

There will likely be a fee for each certified document.

You will also need to fill out the order form. The order is what the judge will sign to seal your record. Be sure to attach a list of each entity that may have a copy of your criminal record. Include an email address for each entity if possible.

Forms:

Guided forms (recommended)

PDF forms

File the petition and unsigned order with the clerk of the court that convicted you. Ask the clerk if you need to set a hearing.

If you are low income, you can file a Statement of Inability to Afford Payment of Court Costs (fee waiver). This will ask the court to waive the fee. File the fee waiver and the letter at the same time.

You must give the prosecutor a copy of your filed petition. Call the prosecutor's office to ask how they want you to send it. They may prefer email, certified mail, or another method.

File the Certificate of Service form with the court clerk to tell the court that you sent the petition to the prosecutor.

If there is a hearing, you must attend. The judge will decide whether to seal the offense under section 411.0736. Be prepared to explain why sealing your record is in the best interests of justice.

If granted, the clerk should send the nondisclosure order to the Department of Public Safety and any agencies you listed in your request. You should follow up to make sure this happens.

You may want to tell private background-check companies that have your information to remove your record from their database. Contact the Foundation for Continuing Justice for help and tips on doing this.