What Texas Law Really Says About Sealed Records and Disclosure

People with sealed criminal records in Texas often worry about one key question:

What happens if I don’t disclose a sealed case on a job application, licensing form, or background check?

The short answer is reassuring. Texas law protects you. If your case has been legally sealed, you generally cannot be penalized for failing to disclose it. In fact, the law goes further than many people realize.

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What Does It Mean for a Case to Be “Sealed” in Texas?

When a criminal record is sealed (commonly through an order of nondisclosure or, in juvenile matters, record sealing), the information is removed from public view. While certain government agencies may still have limited access, the general public including employers, landlords, and most licensing authorities — cannot see it.

Sealing is designed to give individuals a second chance without the burden of a past case following them forever.
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Texas Law Does Not Require Disclosure of Sealed Cases


Under Texas Family Code § 58.261, individuals whose records have been sealed:


  • Do not have to disclose the existence of the sealed case
  • May legally deny that the case ever occurred
  • Cannot be punished for failing to disclose the sealed record


This protection applies broadly — including applications for:


  • Employment
  • Professional or occupational licenses
  • Housing
  • Education or school admission
  • Public or private benefits


The statute is explicit: sealed records, the fact that they once existed, and even a person’s denial of their existence cannot be used against them.



No Penalties — Even for “Denial” of the Case


One of the strongest protections in Texas law is that a person cannot be penalized for denying the existence of a sealed case.

That means sealed records cannot be used against you in:


  • Perjury prosecutions
  • Civil lawsuits
  • Licensing or credentialing decisions
  • Employment or housing determinations


Even if an application asks broad questions about criminal history, Texas law shields individuals from adverse consequences related to sealed cases.



You Cannot “Waive” These Protections


Texas law also makes clear that individuals cannot waive the protections of sealed records even voluntarily. Under Tex. Fam. Code § 58.261, the confidentiality of sealed records and the legal benefits that come with sealing remain intact, regardless of what an employer, agency, or third party requests.

This prevents situations where individuals feel pressured to disclose sealed records “just to be safe.”

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Important Distinction: Sealed vs. Expunged vs. Non-Sealed Records


It’s important to understand that these protections apply only to properly sealed cases:


  • Sealed records → No disclosure required, no penalties
  • Expunged records → Treated as if they never existed
  • Unsealed records → May still require disclosure


If a record has not been sealed or expunged, different rules apply — and failing to disclose could have consequences depending on the situation.


Why This Protection Matters


Criminal records can affect nearly every aspect of life — employment, housing, education, and professional advancement. Texas sealing laws are designed to prevent past cases from becoming permanent barriers once legal requirements are met.

If your case qualifies for sealing and the order is properly obtained, the law is on your side.


Key Takeaways


  • Texas law does not require disclosure of sealed cases
  • You cannot be penalized for failing to disclose or denying a sealed case
  • Sealed records cannot be used in employment, licensing, or housing decisions
  • These protections cannot be waived
  • Proper legal sealing is essential to ensure full protection


Unsure whether your record is sealed or eligible to be sealed? Our Texas expunction and nondisclosure attorneys can review your case, confirm your protections, and help you take the next step toward clearing your record. Contact Wyde & Associates today for guidance under Texas law.

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