Austin, Texas Criminal Records Sealing Lawyer

If you have completed deferred adjudication probation, you may be eligible for an Order for Non-Disclosure, which would seal your criminal record from the public. While this method is not as effective as an expunction, because the record remains intact and can be viewed by government agencies, it will prevent your record from being seen by the public. If you received a final conviction, you will not be eligible for an Order of Non-Disclosure or an Expunction.

What is an Order for Non-Disclosure?

Contrary to popular belief, although a person may have successfully completed deferred adjudication and avoided conviction, the record of their arrest and the charges will remain available for public view.  On September 1, 2003, the Texas legislature passed a statute that allows for certain deferred adjudication offenses to be sealed from public view.  If granted, an Order of Non-Disclosure will prohibit criminal justice agencies from disclosing the information about the criminal offense to third parties and you may deny that you were ever arrested, except in a future a criminal proceeding. However, the law does allow for certain government and/or licensing agencies to obtain information about the offense.

Eligibility for Order of Non-Disclosure

For most misdemeanors, the defendant can petition for the order of nondisclosure immediately after the deferred adjudication is successfully completed and the case is dismissed. For others, a defendant must wait two years after the deferred adjudication is completed and the case is dismissed to file for an order of nondisclosure.  For felonies, the wait is five years after the deferred adjudication is completed and the case is dismissed. However, some offenses cannot be sealed with an order of nondisclosure. If you received deferred adjudication, but did not successfully complete it, you will not be eligible for a motion for non disclosure. If you receive "straight probation", you are convicted of the crime with which you are charged, and become ineligible for a motion for non disclosure.

Note: Some offenses cannot be sealed with an order of nondisclosure.

Can I get my Criminal Record Sealed?

To discuss your eligibility for an order of nondisclosure, contact Austin criminal defense lawyer Kevin Bennett for a free confidential consultation and case evaluation by calling (512) 476-4626 or by email.