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Nondisclosures Put Unparalleled Defense In Your Corner

Nondisclosure Orders in Texas

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Having a criminal record follows you for the rest of your life. Even misdemeanor crimes can affect whether you are offered a job, approved to rent a home, or accepted into a college program. 

Fortunately, Texas law provides for an order of nondisclosure for certain crimes, sealing any aspect of the crime from the public’s eyes, with some exceptions. An order of nondisclosure doesn’t erase a conviction from your criminal record, but it can seal the details of an eligible crime. 

Nondisclosure laws can be found in Texas Government Code Section 411, Subchapter E-1.

Attorney David Sloane can file petitions for expunctions and nondisclosures. Call (817) 349-7118 or send us a message online to see if you might be eligible.

What Is the Difference Between Expunction and Nondisclosure?

An expunction order removes the record of your arrest as if it never happened. You can legally say you were never arrested for that crime if it has been expunged. Under oath, you need only say that the matter was expunged.

Generally, a record can only be expunged if one of the following occurs:

  • The charge was dismissed without action or dropped.
  • You were acquitted at a trial.
  • You were convicted but later found innocent.
  • You were pardoned.

A nondisclosure order does not erase the arrest and crime from your record. Instead, the record is sealed and generally not shared with the public.

A nondisclosure order will keep the arrest and conviction from the following:

  • Credit reporting agencies
  • Private screening and background check companies
  • Private investigators
  • Most Employers
  • Landlords

What Offenses Qualify for Record Sealing?

Not all crimes are eligible for nondisclosure in Texas.  A crime may qualify for nondisclosure if you pled guilty or no contest to an offense and then successfully completed deferred adjudication community supervision (probation). 

A waiting period of up to five years may apply, depending on the crime. Any offense that requires you to register as a sex offender is not eligible.

Other ineligible crimes include:

  • Domestic violence
  • Aggravated kidnapping
  • Murder
  • Stalking
  • Endangering a child
  • And trafficking of persons

In addition, if you have ever been convicted of one of these crimes, you will not be eligible to have nondisclosure awarded for another offense. You also won’t qualify for nondisclosure of one crime if you are convicted of another (except a traffic ticket resulting in a fine only) during any required waiting period.

Permitless Carry Law Expands Expunction, Nondisclosure

Effective Sept. 1, 2021, Texas no longer requires its residents to obtain a license to open or conceal carry handguns as long as they are at least 21 years old and meet other legal requirements. 

House Bill 1927 specifically included a provision that allows for the possibility of expungement for those convicted of the offense before the new law went into effect. The Texas District & County Attorneys Association estimates about 130,000 Texans may be eligible. 

Those not eligible to have their weapons charge expunged may qualify for an order of nondisclosure. If you want to erase or seal an unlawful carry conviction on your criminal record, contact the Law Offices of David Sloane.

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Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Case Dismissed, Motion to Suppress Granted Possession of Marijuana <2oz
  • Case Dismissed Resisting Arrest
  • Cases Dismissed Burglary of Habitation and Interfering with Emergency Call
  • Charges Dismissed Deadly Conduct, Unlawful Carry of Weapon, and Possession of Marijuana <2oz
  • Case Dismissed Indecent Exposure

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