Nondisclosures in Texas
A nondisclosure is a Court order that prohibits the Department of Public Safety (DPS) and other criminal agencies from disclosing the record of a specific criminal offense to the public. If you obtain a nondisclosure, you will not have an obligation to report this criminal offense to many employers. These employers will also, in theory, not be able to detect the records of your criminal case during a background search. The benefit of being able to seal these records could obviously be very valuable for many people who have been arrested or convicted of certain crimes. There are, however, significant limitations to this benefit. Not all criminal offenses are eligible for nondisclosures. Also, many government agencies are exempt from a Court’s nondisclosure order. Nondisclosures are distinct from Expungements, which I discuss in a different section.
Below is a detailed discussion of nondisclosure eligibility, ineligibility, limitations, and other frequently asked questions.
Certain Offenses Not Eligible for Nondisclosures
The Texas Legislature has recently expanded eligibility for defendants arrested for or convicted of certain offenses. Despite this recent expansion, many offenses still remain ineligible for a nondisclosure. This ineligibility applies for defendants who received a dismissal after a period of Deferred Adjudication Community Supervision or were convicted of:
- Murder, Capital Murder,
- Trafficking of Persons,
- Continuous Trafficking of Persons,
- Injury to a Child, Elderly, or Disabled Person,
- Abandoning or Endangering a Child,
- Violation of court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case,
- Repeated violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, stalking or trafficking cases,
- Aggravated Kidnapping,
- Stalking,
- Any offense that comes with an Affirmative Finding of Family Violence,
- Any offense where the defendant must register as a Sex Offender,
- If you are convicted or placed on Deferred Adjudication for another offense immediately after the Court placed you on deferred for this offense, OR
- If you are convicted or placed on Deferred Adjudication for another offense during the waiting period after the Court discharges you after completing Deferred Adjudication Community Supervision for this offense
Certain Agencies Will Still Receive Notification
Under Texas Law, even if you obtain a nondisclosure DPS will still release the records of your case to a lengthy list of non-criminal government agencies. These agencies generally oversee certification for people seeking professional licenses and positions of public trust. Some of the most notable agencies on the list include:
- The State Board of Educator Certification
- The Texas Medical Board
- The Board of Law Examiners
- The Department of Family Protective Services
- The Texas Board of Nursing
An Order of Nondisclosure will not prevent these agencies from finding out about your criminal record.
DWI Now Eligible for Nondisclosure
In 2019, the Texas Legislature expanded nondisclosure eligibility to certain DWI offenses. To qualify, a DWI defendant must:
- NOT have had a BAC greater than 0.15
- NOT have caused an accident involving another person as part of this offense
- Have been placed on Deferred Adjudication Community Supervision by the Court
- Successfully complete all conditions of Deferred Adjudication Community Supervision
- NOT have been placed on Deferred Adjudication Community Supervision for a previous offense (other than a traffic ticket)
- NOT have been convicted of any prior offense (other than a traffic ticket)
As you can see, the eligibility window for a DWI nondisclosure is very narrow. The intent is to give first-time misdemeanor DWI offenders who did not have a high BAC or cause an accident a chance to seal the records of their arrest.
Other Offenses Now Eligible for Nondisclosure
The 2019 Texas Legislature expanded nondisclosure eligibility to other offenses as well. These offenses include a final conviction for:
- Delivery of Marijuana (under 2oz, Class B misdemeanor)
- Possession of Marijuana (under 2oz, Class B misdemeanor)
- Theft (so long as it was not theft of evidence)
- Prostitution (with certain limitations)
Timeline for Nondisclosures
A waiting period that must pass before a defendant may petition the Court for a nondisclosure. This waiting period varies significantly depending on the circumstances of the case. The waiting period ranges from 180 days to 5 years depending on which provision of the Texas Penal Code applies in a defendants particular case. The waiting period usually begins on the date the defendant is discharged from Community Supervision or the date the defendant is convicted.
Conclusion
If you have been arrested for a criminal offense in Texas, you need to seek an attorney who is knowledgeable about the process for obtaining an Order of Nondisclosure. If you qualify, then a good attorney can potentially save your career or future career prospects from irreversible harm. Please contact Carter Criminal Defense today if you would like a free consultation to see if you qualify for a nondisclosure.