Waiting Periods for Nondisclosures in Texas
What is a nondisclosure in Texas?
An order of nondisclosure is an order of the court sealing a criminal record. In Texas, you may seal the record of your adult misdemeanor or felony arrest.
Are you eligible for a nondisclosure in Texas?
You will first want to read our article on nondisclosures and expunctions in Texas. If you believe you might qualify for an expunction, you’ll want to know if there is a required waiting period before you may file a petition for nondisclosure.
When are you eligible for a nondisclosure in Texas?
For a felony, five years from the date of the discharge of probation must elapse before a petition for non-disclosure can be filed. (Congress recently shortened the waiting period from 10 years.) For most misdemeanors, a petitioner can file immediately after completing the deferred adjudication. However, for some misdemeanors, a petitioner must wait two years after the date of discharge before seeking a petition for non-disclosure.
Misdemeanors that require a two-year waiting period include assault, deadly conduct, disorderly conduct, and unlawfully carrying a weapon. For the offenses that require a waiting period, the petitioner cannot be convicted or placed on deferred adjudication for another offense during the applicable interval.
If you believe you may qualify for a nondisclosure in Texas, contact us at (817) 203-2220.