Non-disclosure After September 2015

The Texas legislature drastically changed the Non-Disclosure laws in 2015.  Now, there are many more situations where you may be eligible for a Non-Disclosure that was not previously available.  The outcome of the case will determine whether you can request the court to seal record.  The following dispositions may qualify your case and criminal records for a Non-Disclosure:

  • Successfully completed deferred adjudication
  • Misdemeanor conviction but placed on probation
  • Misdemeanor conviction and served jail time

There may be waiting periods after the case was dismissed before you can apply for a Non-Disclosure, such as the following:

    • Felony = five years
    • Certain misdemeanors (including list below) = two years
      • Assault
      • Weapons related cases
      • Deadly or disorderly conduct
      • Terroristic threat
      • Harassment
      • Public lewdness
      • Indecent exposure
    • Other misdemeanors (including list below) = no waiting period
      • Possession of marijuana or controlled substance
      • Theft
      • Criminal trespass
      • Prostitution

In order to remain eligible for a Non-Disclosure you must not have been convicted of or placed on deferred adjudication for any offense (other than a traffic violation) during the waiting periods.  Additionally, you will not meet the legal requirements if you were ever convicted or placed on deferred adjudication for any of the following:

  • Offense requiring registration as a sex offender
  • Indecency with a child
  • Sexual assault
  • Aggravated sexual assault
  • Prohibited sexual conduct (incest)
  • Aggravated kidnapping
  • Trafficking of persons
  • Burglary of a habitation with the intent to commit any of the above offenses
  • Possession of production of child pornography
  • Stalking
  • Unlawful restraint, kidnapping, or aggravated kidnapping of anyone under the age of 17
  • Capital murder
  • Injury to a child, elderly individual, or disabled individual
  • Abandoning or endangering a child
  • Stalking
  • Murder
  • Violation of protective order or magistrate’s order
  • Any offense involving family violence

A lawyer experienced in handling Non-Disclosure matters will know whether you meet the legal requirements and the best way to present your case to the judge.  If you need help getting past the remaining legal hurdles that are preventing you from moving on with your life, we are here to help. Contact Us through our contact form or by calling (713) 225-0650 for information on how we can help you with felony or misdemeanor Non-Disclosure.