Order of Nondisclosure in Houston, Texas
If you completed deferred adjudication, or in some cases probation, you may be able to seal your criminal record from the public with an order of nondisclosure in Texas. That can keep the case off most background checks used by employers and landlords. Leslie LeGrand has 24 years as a lawyer, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and is a former Harris County prosecutor. He can tell you whether you qualify and help you through the Harris County filing process.
Free ConsultationFormer Harris County prosecutor · 24 years in Texas criminal law
What Nondisclosure Seals and Who Can Still See It
An order of nondisclosure prohibits courts and criminal justice agencies from releasing records of the case to the public. In most situations, you may answer questions about it as if it did not happen. The records are not destroyed. Law enforcement, prosecutors, courts, and certain licensing and government agencies can still see them.
Eligibility Basics
Deferred adjudication
Most people who successfully completed deferred adjudication may petition for nondisclosure, as long as the offense and their history are not excluded. For certain nonviolent misdemeanors, the court may issue the order on completion without a separate petition.
Certain probation and first-offense DWI
Some people who completed regular probation for a misdemeanor, and some first-time DWI offenders, may also qualify. For a first DWI, eligibility depends on factors such as the alcohol concentration and whether an ignition interlock device was used. See our first-offense DWI page for related information.
Offenses that are excluded
Certain offenses can never be sealed, including family violence offenses, offenses requiring sex offender registration, murder, capital murder, aggravated kidnapping, and human trafficking, among others. A later conviction, or certain prior convictions, can also make you ineligible.
Waiting Periods
Some cases can be sealed right after completion. Others require waiting. In general, many misdemeanors have no waiting period, certain misdemeanors (such as some assault, weapons, and other listed offenses) require 2 years, and eligible felonies require 5 years after completing deferred adjudication. First-offense DWI waiting periods are different and depend on whether you used an ignition interlock.
Texas Order of Nondisclosure vs. Expunction
An expunction destroys the record and is available mostly when a case was dismissed, no-billed, or ended in acquittal. Nondisclosure seals the record from the public and is designed for cases that ended in deferred adjudication or certain probation. Leslie will look at which, if either, fits your case.
Filing in Harris County
Most nondisclosures require a petition filed in the court that handled your case, along with a filing fee. The prosecutor receives notice and may request a hearing. The judge decides whether granting the order is in the best interest of justice. If you have had problems on supervision in the past, our probation violation page may also be helpful, along with our criminal defense overview.
Experience That Helps You Move Forward
With 24 years as a lawyer, board certification in criminal law, and time as a Harris County prosecutor, Leslie understands how prosecutors and judges view these petitions. He will give you an honest read on eligibility before you spend money filing.
What to Expect: How the Process Works
Most nondisclosure cases move through a few predictable steps:
- Eligibility check. Leslie reviews your judgment, discharge paperwork, and full criminal history. A single disqualifying offense elsewhere on your record can affect eligibility, so this step matters.
- Waiting period. If a waiting period applies, we calculate the date you become eligible so the petition is not filed too early.
- Petition and fee. The petition is filed with the court that handled your case. The prosecutor is notified and may agree, object, or ask for a hearing.
- Judge’s decision. The judge decides whether the order is in the best interest of justice. If granted, the clerk sends the order to DPS, which forwards it to the agencies that hold your record.
Commercial background-check companies may still have older copies of your record. Once the order is in place, they are generally not allowed to publish sealed information, and you can ask them to correct their reports.
Frequently Asked Questions
Can a first DWI be sealed in Texas?
In many cases, yes, if the alcohol concentration was under 0.15, no one else was involved in an accident, and you have no disqualifying history, after the required waiting period.
How long do I wait after deferred adjudication?
It depends on the offense: none for many misdemeanors, 2 years for certain misdemeanors, and 5 years for eligible felonies.
Will employers see a sealed record?
Most private employers will not, because courts and agencies cannot release it to the public. Certain government agencies and licensing boards can still access it.
Is nondisclosure automatic for some cases?
For certain nonviolent misdemeanors completed on deferred adjudication, the court may issue the order without a separate petition.
What’s the difference between sealing and expunging?
Sealing (nondisclosure) hides the record from the public but keeps it available to law enforcement. Expunging destroys it entirely.
Can a nondisclosure be denied?
Yes. Even when you meet the eligibility rules, the judge has discretion. Leslie can prepare information about your life since the case to support the petition.
Do I have to tell anyone about a sealed case?
In most situations you may answer as if the case did not happen. Certain applications, such as some state licenses or law enforcement jobs, may still require disclosure. Leslie will tell you where those exceptions apply.
Ask Leslie Whether You Qualify
A short conversation can tell you whether your record can be sealed. Call Leslie LeGrand Law, PLLC at 713-333-8997 for a free, confidential consultation, or send us a message. Our office is at 5300 Memorial Dr., Ste. 750, Houston, TX 77007. You can also read more about Leslie.
Courts we handle: Harris County · Fort Bend County · Montgomery County · All counties we serve
This page is general information, not legal advice. Every case is different, and past results do not guarantee a similar outcome.
Ask Whether You May Be Eligible for Nondisclosure
Complete the form to request a free, confidential consultation with Houston criminal defense attorney Leslie LeGrand.
Wondering If Your Record Can Be Sealed?
Speak directly with Leslie LeGrand about your case history and whether an order of nondisclosure may be available.