What Is a Non-Disclosure Order?

A Texas Order of Non-Disclosure is a court order that restricts the public disclosure of qualifying criminal history information.

People sometimes refer to nondisclosure as sealing a criminal record. While the terms are commonly used together, nondisclosure is different from expunction.

With an expunction, qualifying records may be destroyed or removed under Texas law. With nondisclosure, qualifying records are generally protected from public disclosure but may remain accessible to certain government agencies and other authorized entities.

Who May Qualify for Non-Disclosure in Texas?

Eligibility depends on the specific offense, the way the case was resolved, the person’s criminal history, and whether applicable waiting periods have passed.

One common situation involves a person who successfully completed deferred adjudication community supervision. Texas law provides different nondisclosure procedures and eligibility requirements depending on the offense and circumstances.

Non-Disclosure After Deferred Adjudication

Deferred adjudication is one of the situations frequently associated with Texas nondisclosure.

When a person successfully completes deferred adjudication, the case may be dismissed and discharged. However, the arrest and related criminal-history information do not automatically disappear from every record. Texas Department of Public Safety information explains that a deferred case can remain on a person’s criminal history even after probation requirements have been completed.

Depending on the offense and applicable law, an eligible person may be able to obtain an Order of Non-Disclosure.

This can be particularly important when a background check is being conducted for employment, housing, professional opportunities, or other purposes.

Can a DWI Be Sealed in Texas?

Some DWI cases may qualify for an Order of Non-Disclosure, but eligibility depends on the specific facts and statutory requirements.

Texas law provides nondisclosure provisions that can apply to certain qualifying DWI cases and other offenses. A person should not assume that every DWI arrest, DWI dismissal, probation case, or deferred adjudication case qualifies automatically.

The eligibility requirements can depend on the offense, the disposition of the case, waiting periods, and the person’s criminal history.

If you have a prior DWI in Dallas-Fort Worth or elsewhere in Texas, Mimi Coffey can review your circumstances and explain whether an Order of Non-Disclosure or another form of record relief may be available.

Why Choose Mimi Coffey for Non-Disclosure in North Texas?

Mimi Coffey is an experienced Texas criminal defense attorney serving clients in Fort Worth, Dallas, Tarrant County, Dallas County, and throughout North Texas.

The Coffey Firm understands that resolving a criminal case is not always the end of the legal process. Depending on your circumstances, you may have options for protecting your future by seeking an expunction or Order of Non-Disclosure.

Mimi Coffey can help you understand:

• Whether your case may qualify for nondisclosure
• Whether an expunction may be available instead
• Whether a waiting period applies
• What court records may be required
• Whether your criminal history creates an eligibility issue
• What steps may be necessary to pursue record sealing

Frequently Asked Questions About Texas Non-Disclosure

What is a Texas Order of Non-Disclosure?

A Texas Order of Non-Disclosure is a court order that generally prevents qualifying criminal history information from being disclosed to the public. Certain government agencies and authorized entities may still have access to the records.

Is non-disclosure the same as expunction?

No. Expunction and nondisclosure are different forms of criminal-record relief. Expunction can provide for destruction of qualifying records, while nondisclosure generally restricts public disclosure without completely destroying the records.

Can I get nondisclosure after deferred adjudication?

Possibly. Successfully completing deferred adjudication is one situation in which a person may qualify for an Order of Non-Disclosure, depending on the offense and other statutory requirements.

Can a DWI be sealed in Texas?

Certain qualifying DWI cases may be eligible for nondisclosure. The requirements depend on the specific offense, disposition, waiting period, and criminal history.

Does nondisclosure completely erase my criminal record?

No. An Order of Non-Disclosure generally restricts public disclosure rather than completely destroying the underlying records. Certain authorized agencies may still access the information.

How long do I have to wait for nondisclosure?

The waiting period depends on the offense and the applicable Texas nondisclosure statute. Some cases have different eligibility rules, and some qualifying cases may be subject to automatic nondisclosure provisions.

Can I apply for nondisclosure myself?

Some nondisclosure procedures involve filing a petition with the court. Because eligibility and filing requirements can vary substantially by offense and case history, it is important to determine which legal procedure applies before filing.

What if my case was dismissed?

A dismissal does not automatically mean that nondisclosure is the correct remedy. Depending on how and why the case was dismissed, you may potentially qualify for expunction or another form of record relief. An attorney can review the disposition and applicable Texas law.

Talk to a Texas Non-Disclosure Attorney

If you have an old criminal case, completed deferred adjudication, or a qualifying DWI and are concerned about what appears on your background check, you may have options.

Mimi Coffey and The Coffey Firm represent clients seeking criminal-record relief throughout Fort Worth, Dallas, Tarrant County, and North Texas.

Contact Mimi Coffey to discuss whether you may qualify for an Order of Non-Disclosure, expunction, or another form of Texas criminal-record relief.

The sooner you determine your eligibility, the sooner you can understand your available options.

***This page provides general legal information and is not legal advice. Texas nondisclosure eligibility depends on the specific facts and criminal history of each case.