Sealing your Criminal Record
In cases where a person is not eligible to have their criminal record completely expunged, recent changes in Texas law have created a provision for the "Sealing" or
"Non-disclosure" of sensitive criminal record information. Removing this negative information from the public eye can be very beneficial to those burdened by a record of a past
mistake.
If you are granted an Order of Non-disclosure by the Court, your record will still exist, but it will be SEALED FROM PUBLIC VIEW. A Non-disclosure Order allows you to deny the occurrence of
your arrest and prosecution on applications and when being questioned by landlords, employers and others. This fresh start may allow you to take advantage of employment, education, and other
opportunities once closed to you because of your arrest record. However, it is important to remember that, although kept from the public, your record may still be used against you during any
future criminal proceedings by law enforcement authorities and the courts.
How Do I Get an Order of Non-disclosure?
A petition requesting the Non-disclosure Order must be researched and filed with the Court along with the appropriate filing fee. Contact our office at (210) 225-6354 to begin the process of
determining your eligibility for this important benefit.
Who is Eligible for an "Order of Non-disclosure?"
If you have received deferred adjudication probation for certain misdemeanor or felony level offenses and have successfully completed your probation you may be eligible for Non-disclosure
record sealing. You must not have not been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only since your probation ended in order
to qualify.
When Does Someone Become Eligible?
The following waiting periods apply before eligibility begins:
Misdemeanor Offenses
- If you have completed a deferred adjudication probation for any of the following misdemeanors, the waiting period is 2 years from date you complete your probation and your case is dismissed:
- Abuse of corpse
- Advertising for placement of child
- Aiding suicide
- Assault
- Bigamy
- Cruelty to animals
- Deadly conduct
- Destruction of flag
- Discharge of firearm
- Disorderly conduct
- Disrupting meeting or procession
- Dog fighting
- False alarm or report
- Harassment
- Harboring runaway child
- Hoax bombs
- Indecent exposure
- Interference with emergency telephone call
- Leaving a child in a vehicle
- Making a firearm accessible to a child.
- Obstructing highway or other passageway
- Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
- Public lewdness
- Riot
- Silent or abusive calls to 9-1-1 service
- Terroristic threat
- Unlawful carrying of handgun by license holder
- Unlawful carrying weapons
- Unlawful possession of firearm
- Unlawful restraint
- Unlawful transfer of certain weapons
- Violation of protective order preventing offense caused by bias or prejudice
All Other Misdemeanor Offenses
- You may file immediately upon completion of your probation and dismissal of your case, with no waiting period, for any misdemeanor not listed above.
Felony Offenses
- For most felony offenses, you must wait 5 years from date of discharge from probation and the dismissal of the case to apply for Non-disclosure of your record.
Prohibited Felony Offenses
- If you have received deferred adjudication for any of the following felony offenses you are NOT eligible to seek an order of Non-disclosure:
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Prohibited sexual conduct (incest)
- Aggravated kidnapping
- Burglary of a habitation with intent to commit any of the above offenses
- Compelling prostitution
- Sexual performance by a child
- Possession or promotion of child pornography
- Unlawful restraint, kidnapping, or aggravated kidnapping of a person
- Attempt, conspiracy, or solicitation to commit any of the above offenses
- Capital murder
- Murder
Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violation of protective order or magistrate's order
- Stalking
- Any other offense involving family violence
Will Anyone Still Have Access to My Records?
The Non-disclosure statute still allows DPS to grant access to your criminal history record information only to the following parties:
- Criminal justice agencies
- Non-criminal justice agencies authorized by federal statute or executive order or by state statute to receive criminal history information, and
- You
All other persons and groups are denied access to your records. Even the existence of the Non-disclosure Order is sealed.
What if Someone Ignores the Sealing Order?
Persons who violate a Non-disclosure Order will be subject to civil sanctions by the Attorney General's Office - a first offense will generate a warning; subsequent violations will generate a
civil penalty of $500 each.
Your Next Step
By successfully completing a Deferred Adjudication probation you have demonstrated that you are the kind of person who is entitled to a second chance at establishing a successful future for
you and your family. Call our office today at (210) 225-6354 to have us begin the process of determining if your records can be sealed via an Order of Non-disclosure.
Serving clients in San Antonio, Bexar County; Bandera, Bandera County; New Braunfels, Comal County; San Marcos, Hays County; Seguin, Guadalupe County; Floresville, Wilson County; Jourdanton, Atascosa County; George West, Live Oak County; Gonzales County; Boerne, Kendall County; Kerrville, Kerr County; Fredericksburg, Gillespie County; Lockhart, Caldwell County; Austin, Travis County; Georgetown, Williamson County and other jurisdictions throughout Texas.
Disclaimer
: This site is meant to provide useful information to those in need of legal representation and to educate the public on some of the criminal law issues facing Texas citizens. The information of this site is not legal advice. For legal advice, please contact our office.
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