When someone is charged with a domestic assault–type offense in Texas and receives deferred adjudication, one of the biggest questions that often follows is: “Can I get this off my record?”
The answer depends heavily on whether the case involved a legal finding of family violence. This post breaks down how these findings work, how they impact nondisclosure eligibility, and why they carry long-lasting legal consequences.
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What Is a Nondisclosure Order in Texas?
A nondisclosure order prevents certain criminal records from being publicly released. It doesn’t erase a record, but it seals it from most public inquiries, including employers and landlords.
However, Texas law limits who can qualify. Under Texas Government Code § 411.074, a person is barred from receiving a nondisclosure order if they have been convicted of (or received deferred adjudication for) certain offenses—even if they otherwise meet all requirements.
And one of the biggest disqualifiers is family violence.
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How Texas Defines Family Violence
Texas uses a broad definition of family violence found in Family Code § 71.004. It includes:
• Acts intended to cause physical harm, bodily injury, assault, or sexual assault
• Threats that reasonably place a family or household member in fear of imminent harm
• Violence within dating relationships
• Abuse toward children within the household
Importantly, this definition is not limited to married couples. It includes dating partners, roommates, relatives, and parents of the same child.
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Affirmative Findings of Family Violence
When a judge determines that an offense involved family violence, the court must enter what’s called an affirmative finding in the judgment. This requirement comes from Texas Code of Criminal Procedure Art. 42.013.
Texas courts have repeatedly held that judges are required to make this finding when the evidence supports it. For example:
• In Navarro v. State (2021), the court affirmed that judges must enter the finding when domestic violence is involved.
• Courts have also rejected constitutional challenges to these findings, confirming that they are legally valid and do not violate sentencing rights.
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Why These Findings Matter: The Impact on Nondisclosure
A family violence finding is an absolute bar to sealing your record.
Texas Gov’t Code § 411.074 explicitly states that a person cannot obtain an order of nondisclosure if:
1. The offense involved family violence, or
2. The court made an affirmative family violence finding.
This rule applies even if:
• You successfully completed deferred adjudication
• You have no other criminal history
• The case was a misdemeanor
• You have fully rehabilitated
Once a family violence finding is entered, the offense cannot be sealed. Period.
Other Major Consequences of a Family Violence Finding
The effects go far beyond nondisclosure. A family violence designation can trigger:
1. Longer Protective Orders
For certain offenses under Title 5 of the Penal Code, protective orders can last up to two years after the criminal case ends. (Tex. Fam. Code § 85.025)
2. Firearm Restrictions
A person convicted of a Class A family-violence–related misdemeanor may not possess a firearm for five years after completing the sentence or community supervision. (Tex. Penal Code § 46.04)
3. Criminal Penalty Enhancements
Any future assault charge can be enhanced significantly if the defendant has a prior family violence finding.
For example, a simple misdemeanor assault can become a felony when there’s a prior family violence conviction. (Tex. Penal Code § 22.01)
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Bottom Line
If you receive deferred adjudication for an offense involving family or dating violence in Texas, you are not eligible to have the case sealed through an order of nondisclosure. Once the court enters an affirmative finding of family violence, the consequences are long-term and affect:
• Criminal record sealing
• Firearm possession
• Protective orders
• Future criminal penalties
Understanding these consequences is crucial when navigating domestic assault cases in Texas. Family violence findings carry legal implications that extend far beyond the courtroom.
Are you unsure whether you qualify to clear your record? Click the button below to get in touch with one of our attorneys.
