How to Ask for a Nondisclosure Order - Seal Your Criminal Record

This guide helps you seal your criminal record in Texas. To learn the difference between clearing and sealing, see Expunctions vs. Nondisclosures in Texas.

There are many different types of nondisclosure orders, and each must be requested under its own specific statute. Use the Nondisclosure Order Prep Guide for help deciding which type you may qualify for.

If your offense was in Harris County, see Clear Your Record Harris County from The Beacon.

Research Tips

Read about nondisclosures vs. expunctions in Texas. Expunctions offer stronger protection against people viewing your criminal history, but it is harder to qualify.

Common questions about Adult Criminal Records

A nondisclosure order hides your criminal record from public view. Those holding your criminal records, such as the court, are not allowed to show it to anyone not authorized to view it by law.

Under most circumstances, a nondisclosure order also allows you to deny that the offense or arrest took place. This includes when you apply for jobs, housing, loans, school, licenses, etc. The only time you must admit to the offense or arrest is if asked in a future criminal proceeding.

Be aware, though, that law enforcement, the federal government, and most professional licensing entities can still view your sealed record. Certain private employers, such as banks and companies involved in critical infrastructure, may also view job applicant and employee records.

No. A nondisclosure order applies to a single offense only. To seal more than one offense, request a nondisclosure order for each.

There are many types of nondisclosure orders. Each type of nondisclosure order has its own requirements. Use the Nondisclosure Order Prep Guide to learn what type of nondisclosure order may apply to your situation.

Law enforcement and the federal government can view your sealed record. Many professional licensing organizations can view your record as well, including:

• Those subject to the Texas Department of Licensing and Regulation
• Those listed in Government Code section 411.0765

While some entities can view sealed records, nondisclosure orders still provide significant protections. For example, they keep your sealed information private from landlords, lenders, school admissions, and most employers.

In most cases, yes. You can deny the offense except in future criminal proceedings. However, be aware that law enforcement, the federal government, and many professional licensing entities. Some private employers, such as banks and companies working in critical infrastructure, can also view your sealed records.

You can always choose to admit that an offense took place if you think it is appropriate.

Expunction completely removes your offense from your record. That makes it unviewable in almost all cases. This is different from a nondisclosure order. A nondisclosure order only seals an offense on your record from unauthorized viewers.

Expunction options are more limited. See the Expunction Guide for more information.

What is the difference between community supervision, probation, and deferred adjudication? Expand Collapse

Many types of nondisclosure orders require you to complete community supervision. There are two types of community supervision.

• Community Supervision: This is commonly referred to as probation. The court convicts you and makes you meet certain conditions as part of your punishment. You may have to meet with a probation officer, pass drug tests, perform community service, avoid legal trouble for a set amount of time, etc. This differs from deferred adjudication community supervision in that it takes place after a conviction.
• Deferred Adjudication Community Supervision: This term is commonly shortened to just "deferred adjudication." It resembles regular community supervision except it takes place instead of a conviction. If you meet all conditions, your case is dismissed and you never receive a conviction.

The Department of Public Safety will send a copy of your nondisclosure order to a number of agencies so that they know to keep your records sealed. However, DPS may fail to send a copy to every agency that has your information. Agencies that do not get a copy of the order will not know to seal your records.

This means you need to list every agency that you interacted during your case. Include an email address for each if possible. Examples include but are not limited to:

• Texas Department of Criminal Justice - Community Justice Assistance Division
• Office of Court Administration - E-File Division
• The law enforcement office that arrested you
• The sheriff's office of any county where you were in jail
• Prosecuting Agency - (County Attorney, District Attorney, contract prosecutors as applicable)
• Clerk of any court involved in your case, other than the one where you file your petition
• Magistrate that oversaw your arraignment
• Any agency or individual who issued a warrant, such as a constable if a bond was forfeited
• Personal Services Office if the case involved a personal bond
• City or County Counseling Services
• Treasurer of the county or municipality where your case was heard
• School administration, if your offense involved campus police
• Probation offices
• Community service coordinators
• Tobacco Alcoholic Beverage Commission if an ID or alcohol-related crime
• State Office of Administrative Hearings for DWIs
• The information technology or record-keeping departments for any of these agencies
• Any private data-trading companies you know have your info

The list of agencies you need to list can vary greatly depending on the nature and location of your offense. If you fail to list an entity, you can send it a certified copy of the order later.

Nondisclosure orders have no impact on news media. You may try asking them to remove references to your offense, but they do not have to do so.

Sealing or clearing a criminal record can be complicated. It is a good idea to have an attorney help you if possible. Limited scope representation is one way to help make hiring an attorney more affordable.