An Order of Non-Disclosure in Texas is a legal mechanism that allows certain criminal records to be sealed from public view, protecting an individual’s privacy while remaining accessible to law enforcement and specific agencies. However, not all offenses qualify. In Houston, a diverse, economically strong city with thriving energy, healthcare, and aerospace industries, affordable living, and a strategic Gulf Coast location, understanding which cases are eligible or ineligible is crucial for making informed legal decisions and safeguarding your future opportunities.
What is an Order of Non-Disclosure?
An Order of Non-Disclosure seals your criminal history so unauthorized people and organizations cannot view it. It applies after an individual completes deferred adjudication or meets specific statutory criteria. The purpose is to protect individuals from the lifelong consequences of having certain offenses publicly accessible.
Which Cases are Eligible for an Order of Non-Disclosure?
Most misdemeanors in Texas are eligible for an Order of Nondisclosure (OND) after a waiting period, typically two years from the date the case is dismissed. Certain felonies may also qualify, usually after a longer waiting period, such as five years. A non-disclosure lawyer in Houston can help determine eligibility for offenses such as:
- Assault (non-aggravated)
- Harassment
- Making a false report
- Indecent exposure
- Public lewdness
- Interfering with a 911 call
- Unlawful possession of a weapon
- Disorderly conduct
With the help of a non-disclosure lawyer in Houston, filing a petition can lead to sealing records from public view, though law enforcement and certain state agencies may still access them under specified conditions.
What Cases Are Not Eligible for an Order of Non-Disclosure?
Certain offenses are expressly excluded from eligibility for ONDs in Texas. These typically involve serious crimes, offenses requiring sex offender registration, family violence, and others involving public safety or vulnerable populations. The ineligible categories include:
- Sexual assault and sexual offenses with minors
- Aggravated kidnapping or kidnapping
- Forcing another person into prostitution
- Murder and capital murder
- Stalking
- Family violence offenses
- Indecent acts involving children
- Endangering a child
Driving While Intoxicated (DWI) and boating while intoxicated are misdemeanors.
Offenses under Penal Code Chapters covering kidnapping, sexual offenses, assaultive offenses, family offenses, disorderly conduct, public indecency, weapons offenses, and organized crime
Individuals convicted or placed on deferred adjudication for such offenses are ineligible to petition for an OND.
How Does Criminal History Affect Eligibility?
Eligibility is not solely determined by the offense sought to be sealed. The overall criminal history of the petitioner also matters. If a person has disqualifying criminal convictions or deferred adjudications in their record within the prohibited categories, they cannot file for an OND even for an eligible offense. A thorough review of one’s criminal history is necessary to determine eligibility.
What Are the Statutory Sections Governing Orders of Non-Disclosure?
Texas law specifies various sections under which ONDs may be filed, such as:
- Section 411.072 for eligible misdemeanors and felonies with deferred adjudication
- Section 411.0725 for misdemeanors excluded from 411.072
- Section 411.0726 for DWI and boating while intoxicated misdemeanors with deferred adjudication
- Additional sections cover non-disclosure for veterans and victims of trafficking.
Understanding under which section a petition is filed affects the requirements and waiting periods.
In conclusion
- For Houston residents, understanding which cases qualify for an Order of Non-Disclosure (OND) is essential before filing.
- Many misdemeanors and certain felonies may be sealed if all statutory requirements under Texas law are met.
- Serious crimes such as those involving violence, sexual offenses, family violence, and most DWIs are generally excluded from OND eligibility.
- The applicant’s entire criminal history is evaluated when determining qualification.
- A thorough review of the Texas Penal Code and personal criminal record is necessary before pursuing an OND.
Apart from that if you want to know about Texas Criminal Cases then please visit our Criminal Law Category.
