Protecting Your Record From Prying Eyes: What Texas Law Says About Nondisclosure and Employment

If you’ve obtained an order of nondisclosure in Texas, you might wonder: can future employers still see your criminal record? The short answer is no—except in very specific circumstances outlined by Texas law. Understanding your rights can give you confidence when applying for jobs or professional licenses.

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What Is an Order of Nondisclosure?

An order of nondisclosure is a court order that prevents your criminal record from being disclosed to most entities, including employers. Once in place:
  • Criminal justice agencies cannot release your record to the public.
  • Employers cannot access your record on background checks.
  • You may legally deny the existence of the criminal proceeding in employment and licensing applications.
This protection is codified in Texas statutes, including Tex. Gov’t Code §§ 411.0755, 411.076, and 411.0765.
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Who Can Still Access Records?


While nondisclosure offers broad protection, certain statutory exceptions exist. Some entities can still access the information:


  • Criminal justice agencies for law enforcement purposes
  • Regulatory licensing authorities, e.g., State Board for Educator Certification, Texas Medical Board
  • Some specific noncriminal justice agencies listed by law

Importantly, most private employers cannot view or use these records, and private companies that compile criminal history must destroy and cease dissemination of nondisclosed records (Tex. Gov’t Code § 411.0851).

Am I Eligible?

Legal Precedents Supporting Your Rights


Case law reinforces these protections:


  • Ex parte R.P.G.P., 623 S.W.3d 313: The Texas Supreme Court confirmed nondisclosure orders prevent public disclosure, including to employers, and allow individuals to legally deny the record
  • State v. Brent, 634 S.W.3d 911: The court emphasized that nondisclosure hides the criminal proceeding from public view, safeguarding employment opportunities.

These decisions ensure that individuals with nondisclosure orders are legally shielded from employer scrutiny.

Am I Eligible?

What This Means for You


With an order of nondisclosure in Texas, you can confidently:


  • Apply for jobs without disclosing the criminal proceeding
  • Keep your record sealed from employers and most private entities
  • Protect your future in education, healthcare, and other professional fields

However, if a licensing board or authorized agency requests your record, legal guidance may be necessary to ensure compliance.


If you’re considering an order of nondisclosure or need guidance on how it affects your employment, Wyde & Associates can help. Our team will review your case, explain your rights, and assist you in protecting your future.


Contact Wyde & Associates today to secure your rights and move forward with confidence.

Am I Eligible?