I need an Order of Nondisclosure
I need an Order of Nondisclosure
Texas Orders of Nondisclosure
Significant changes to the nondisclosure law went into effect September 1, 2017. These changes altered the previous changes that went into effect September 1, 2015 and expand eligibility for nondisclosure. The biggest change is that the rules now apply to all cases regardless of when the offense occurred (subject to one exception explained below). The rules related to nondisclosure for deferred adjudication cases essentially remained unchanged. There is one exception for misdemeanor deferred adjudication cases that were discharged and dismissed AFTER September 1, 2017. Furthermore, new sections were added allowing for nondisclosure of certain misdemeanor convictions, including Driving While Intoxicated convictions.
The new sections apply to all cases, regardless of when the offenses occurred, subject to the one exception listed in the previous paragraph. The forms for all types of nondisclosures are available at the links at the bottom of this page.
Effective September 1, 2017, the following new laws address the types of nondisclosure petitions and orders available:
Misdemeanor Deferred Adjudication: The Dismissal and Discharge was issued AFTER September 1, 2017
Section 411.072, Government Code (deferred adjudication community supervision; certain nonviolent misdemeanors)
This section has additional requirements explained in the “Selecting the Appropriate Procedure for Requesting an Order of Nondisclosure” link below. If your case does not meet the requirements of section 411.072, you may still be eligible for a nondisclosure order under Section 411.0725.
All Other Cases
Section 411.0725, Government Code (deferred adjudication community supervision; felonies and certain misdemeanors);
Section 411.0727, Government Code (successful completion of Veteran’s Treatment Court Program);
Section 411.0728, Government Code (victims of trafficking of persons);
Section 411.073, Government Code (community supervision following conviction; certain misdemeanors);
Section 411.0731, Government Code (community supervision following conviction; certain Driving While Intoxicated convictions);
Section 411.0735, Government Code (conviction ; certain misdemeanors);
Section 411.0736, Government Code (conviction; certain Driving While Intoxicated convictions).
Special Types of Nondisclosure
There are two special scenarios where nondisclosure is also permitted. Nondisclosure can be allowed following successful completion of a Veterans Treatment Court and for certain victims of human trafficking.
Section 411.0727, Government Code (successful completion of Veterans Treatment Court Program);
Section 411.0728, Government Code (victims of trafficking of persons).
Going forward: Figuring out which forms work for you and your situation.
Each of the types of nondisclosure listed above have specific procedures and requirements that you must meet in order to obtain an order of nondisclosure under that particular section.
The procedures and requirements for each section are different.
You must determine which section is the correct section for you to use in requesting your order of nondisclosure.
To figure this out:
- First use the “Basic Requirements for All Orders of Nondisclosure” checklist, below to make sure you qualify for a nondisclosure in general.
- Second use the “Selecting the Appropriate Procedure for Requesting an Order of Nondisclosure” checklist to figure out which procedure is right for you.
Once you have determined which nondisclosure procedure is right for you, you can select among the forms below. Each form has a corresponding article you should read to make sure you completely understand the procedure involved.
If you would like to see if you qualify for free help regarding an Order of Nondisclosure you can call Transactional Legal Assistance at 512-637-6752.
- Use Legal Help Finder to search for legal help in your area
- Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you
- Use Ask a Question to chat online with a lawyer or law student
The information and forms in this toolkit are not legal advice and are not a substitute for the help of a lawyer. It’s a good idea to talk with a lawyer about your particular situation.
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.
No. 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.
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.