A Guide to Texas Nondisclosure Laws for Individuals Charged With Indecent Exposure
Are You Eligible for an Order of Nondisclosure After Deferred Adjudication for Indecent Exposure in Texas?
If you’ve successfully completed deferred adjudication for an indecent exposure charge in Texas, you may be wondering whether you can clear—or at least limit access to—your criminal record. For many people, an Order of Nondisclosure provides a valuable opportunity to move forward without the burden of a publicly accessible arrest and court record.
⸻
Understanding Deferred Adjudication and Nondisclosure
When a person receives deferred adjudication community supervision, the court does not enter a formal conviction. If the person completes all supervision requirements, the case is dismissed. However, the record of the arrest and prosecution still exists—and is still publicly available—unless the person later obtains an Order of Nondisclosure.
An order of nondisclosure restricts public access to criminal history information, helping clients pass background checks for jobs, housing, and professional licensing.
⸻
Eligibility Requirements for Nondisclosure After Indecent Exposure
1. Successful Completion of Deferred Adjudication
To qualify, you must have:
• Completed all terms of deferred adjudication community supervision, and
• Received a formal discharge and dismissal under Article 42A.111 of the Texas Code of Criminal Procedure.
2. Meet Section 411.074 Requirements
These include:
• No disqualifying convictions or deferred adjudications (other than fine-only traffic offenses).
• No convictions during the waiting period.
• No affirmative findings of family violence.
3. Waiting Period: Two Years
For indecent exposure cases, Texas law requires a two-year waiting period before filing for nondisclosure. This two-year clock starts on the date the deferred adjudication was completed and the case was dismissed—not the date of the arrest or plea.
4. Not a Registered Sex Offender
Although indecent exposure is a sexual offense, it does not typically require sex-offender registration.
⸻
Does Indecent Exposure Affect Eligibility?
Under Texas Penal Code § 21.08, indecent exposure typically involves exposing genitals or the anus with sexual intent while being reckless about whether someone present may be offended. Most cases are charged as Class B misdemeanors, though enhancements are possible.
The key point:
Indecent exposure is not one of the offenses permanently barred from nondisclosure, as long as:
• The individual successfully completed deferred adjudication;
• There is no sex-offender registration requirement; and
• None of the disqualifying factors in § 411.074 apply.
⸻
Court Discretion – “Best Interest of Justice” Requirement
Even if you meet all the statutory requirements, the judge must still determine that granting an order of nondisclosure is in the best interest of justice. Courts often consider:
• Nature and circumstances of the indecent exposure incident
• Compliance during supervision
• Lifestyle changes and rehabilitation
• Any risk (or lack thereof) to public safety
In the absence of aggravating factors, most individuals who complete deferred adjudication successfully fare well under this standard.
If you’re unsure whether you qualify or need help with the petition process, our office can guide you every step of the way.