So you want to know whether you qualify for a nondisclosure? Let's dive in. 

What Is Deferred Adjudication in Texas?

Deferred adjudication is a special form of community supervision under Tex. Code Crim. Proc. art. 42A.101 where:
 • You enter a plea of guilty or no contest,
 • The judge defers a finding of guilt,
 • And places you on community supervision (probation).

If this applies to you, then you may be eligible for a nondisclosure (to "seal" your record).

When Am I Unable To Seal My Record?

Under Texas law, specific offenses are excluded from eligibility for an order of nondisclosure of criminal history record information. These include:
  1.  Offenses requiring registration as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure.
  2. Aggravated kidnapping, regardless of whether it is a reportable conviction for sex offender registration purposes.
  3. Murder and capital murder under Sections 19.02 and 19.03 of the Texas Penal Code.
  4.  Trafficking of persons and continuous trafficking of persons under Sections 20A.02 and 20A.03 of the Texas Penal Code.
  5. Injury to a child, elderly individual, or disabled individual under Section 22.04 of the Texas Penal Code.
  6. Abandoning or endangering a child under Section 22.041 of the Texas Penal Code.
  7. Violations of protective orders or conditions of bond in family violence, sexual assault, or stalking cases under Sections 25.07 and 25.072 of the Texas Penal Code.
  8. Stalking under Section 42.072 of the Texas Penal Code.
  9. Any other offense involving family violence.
  10. Offenses involving the operation of a motor vehicle while intoxicated, including DWI with a child passenger, intoxication assault, and intoxication manslaughter, as specified under Sections 49.045, 49.07, and 49.08 of the Texas Penal Code .
  11. A court may not issue an order of nondisclosure if it makes an affirmative finding that the offense involved family violence. Tex. Gov't Code § 411.074. 
  12. Nondisclosure is barred for offenses resulting in a motor vehicle collision involving another person, as outlined in Tex. Gov’t Code § 411.0736, Tex. Gov’t Code § 411.0726, Tex. Gov’t Code § 411.0731. 

If none of these 12 scenarios apply, you may be eligible for nondisclosure. Contact us now to see whether you qualify.
Learn If You Qualify