Texas Nondisclosure Orders in 2026: Sealing a Record Under Chapter 411

When expunction isn't available — usually because the case ended in deferred adjudication or a first-time misdemeanor conviction — a nondisclosure order is the next-strongest remedy. It seals the record from public view without destroying it. Here's how the Chapter 411 framework actually works in 2026, the wait times for each pathway, and the one rule that quietly disqualifies more Texans than any other.

By the team at Wyde & Associates · Updated May 2026

What "sealing" actually means in Texas

A nondisclosure order doesn't make your record disappear — it moves it behind a curtain. Once a Texas court enters an order under Tex. Gov't Code Chapter 411, Subchapter E-1, the record is shielded from most public access, but it remains intact and accessible to certain parties.

Who can no longer see it: private employers, landlords, the general public, most consumer background check companies, and most non-government entities running standard background checks.

Who can still see it: criminal justice agencies (police, prosecutors, courts), specific state licensing and regulatory boards (the State Board of Educator Certification, the Texas Medical Board, the Texas Racing Commission, and others), some government employers, and law-enforcement hiring authorities. You can legally deny the offense to civilian entities, but you must disclose it when applying for a covered professional license, certain government positions, or law-enforcement jobs.

That last point is why some clients still pursue expunction wherever it's available — expunction is total destruction. We've covered that path in our Texas Expunction Guide. Nondisclosure is the right tool when expunction isn't available.

The threshold question: the § 411.074 lifetime bar

Before any wait-time or pathway analysis matters, Tex. Gov't Code § 411.074 has to clear. This statute imposes a permanent ban on nondisclosure for any offense — regardless of how minor — if your lifetime criminal history includes a conviction or deferred adjudication for any of the following:

• Any offense requiring sex-offender registration (CCP Ch. 62)
• Murder or capital murder (PC 19.02 / 19.03)
• Aggravated kidnapping (PC 20.04)
• Trafficking of persons or continuous trafficking (PC 20A.02 / 20A.03)
• Injury to a child, elderly, or disabled individual (PC 22.04 / 22.041)
• Violation of court orders or bond in family violence, sexual assault, or stalking cases (PC 25.07 / 25.072)
• Stalking (PC 42.072)
• Any offense involving family violence (Family Code 71.004), including affirmative findings of family violence even on dismissed cases

Pathway 1: Nondisclosure after deferred adjudication

When a defendant successfully completes deferred adjudication and the case is dismissed without a final conviction, Chapter 411 generally provides a sealing pathway — provided § 411.074 doesn't bar it. The waiting period depends on the offense level and type:

§ 411.072 — automatic sealing for first-time, non-violent misdemeanor deferreds

For deferred adjudications entered after September 1, 2017 on a first-time, non-violent misdemeanor, the judge is statutorily required to issue the nondisclosure order automatically at the time of discharge. No petition, no waiting period — sealing happens by operation of law. This is the cleanest possible outcome short of expunction.

§ 411.0725 — petition-based sealing for serious offenses

For deferreds outside the § 411.072 automatic-sealing safe harbor, you have to file a petition and wait. Required waiting periods, measured from the date of discharge:

• 2 years for serious misdemeanors (Penal Code Chapters 20-46) — non-family assault, weapons, indecency, etc.
• 5 years for eligible felony offenses

§ 411.0726 — DWI deferred adjudications

DWI deferreds get their own pathway with interlock-dependent timing:

• 2 years with at least 6 months of ignition interlock device usage
• 5 years without interlock

Pathway 2: Nondisclosure of first-time misdemeanor convictions

Texas does not permit sealing of any felony conviction. But the state does allow sealing of certain first-time misdemeanor convictions under what practitioners call the "Second Chance Laws" — with one absolute requirement:

The "One-and-Done" rule

To seal a misdemeanor conviction, the petitioner must have never previously been convicted of or placed on deferred adjudication for any other offense (excluding fine-only traffic tickets). One prior — even a deferred that ended in dismissal — closes this pathway permanently. There's no five-years-clean version, no rehabilitation showing, no judicial discretion to waive. One-and-Done is exactly what it sounds like.

§ 411.073 — misdemeanor conviction with probation

For a first-time misdemeanor conviction served on probation:

• Immediate for most non-violent misdemeanors
• 2 years for serious misdemeanors (PC Chapters 20-46)

§ 411.0735 — misdemeanor conviction with jail time (no probation)

For a first-time misdemeanor conviction where the sentence was jail time rather than probation, the wait is 2 years following completion of the sentence.

§§ 411.0731 & 411.0736 — first-time DWI convictions

DWI conviction sealing has its own framework with strict gatekeeping: BAC must have been below 0.15, the incident must not have involved an accident with another person, and the petitioner must have absolutely no prior criminal record of any kind.

• 411.0731 (probation): 2 years with interlock, 5 years without
• 411.0736 (jail time, no probation): 3 years following completion of sentence

The "Clean Period" rule — don't pick up a new charge

For any nondisclosure relying on a waiting period (411.0725, 411.073, 411.0735, etc.), the petitioner must not be convicted of or placed on deferred adjudication for any new offense during the wait — excluding only fine-only traffic offenses. A subsequent offense during that window permanently revokes eligibility for the underlying charge. The clock doesn't reset; the pathway just closes.

Procedural timing — what the petition process looks like

Under Tex. Gov't Code § 411.0745(e), once a nondisclosure petition is filed, the state has 45 days from receipt of notice to request a hearing. If the state doesn't request a hearing in that window, the court may rule on the petition without one — provided the court finds the petitioner is statutorily entitled to file and that issuing the order is in the best interest of justice.

In practice, an uncontested nondisclosure typically takes 60-120 days from filing to a signed order, depending on the county. After the order signs, criminal-history vendors and DPS systems generally take another 30-60 days to update, and private background check companies can lag longer than that.

What didn't change in 2025-2026 (despite what you may have read)

Two high-profile bills in the 89th Legislature would have substantially relaxed Chapter 411 — and both failed:

• Senate Bill 219 would have automated all nondisclosures through monthly DPS audits and repealed all filing fees. It died in committee.
• House Bill 2708 would have removed the "never previously convicted" requirement for sealing misdemeanor convictions. It also died in committee.

The strict One-and-Done rule remains the active law, and nondisclosure petitions still require standard filing procedures and fees unless otherwise exempted. Don't rely on guides that assume either bill passed.

FAQ

Will a sealed record show up on a normal background check?

Generally no. Most consumer background check companies pull from sources that have already been updated to reflect the seal. In practice, however, some private screeners cache old data — if a CRA keeps reporting a sealed record, you have rights to dispute it under the FCRA. We've written about that here.

Can I deny the offense after a nondisclosure?

For most purposes, yes — private employers, landlords, and the general public. You still have to disclose to certain state licensing boards, government employers, and law-enforcement hiring authorities, and you must disclose it under oath in a criminal proceeding.

What if my deferred adjudication was on a Class C misdemeanor?

Class C deferred adjudications route to expunction, not nondisclosure — under Chapter 55A, art. 55A.051. Successful completion of a Class C deferred makes the record immediately eligible for full expunction.

Can I seal a felony conviction in Texas?

No. Texas does not allow nondisclosure of any final felony conviction. Felony deferred adjudications (without a final conviction) may be sealable under § 411.0725 after a 5-year wait, but final felony convictions are not.

Does a nondisclosure remove my record from federal databases?

Not directly. Texas sealing operates on Texas state records. Federal databases (FBI NCIC, federal background checks) can require additional steps, and certain federal mental-health prohibited-person data under Gov't Code 411.052 is specifically retained even after record-clearing relief.

Bottom line

Nondisclosure is a powerful remedy when it's available, but the eligibility analysis is genuinely unforgiving. The § 411.074 lifetime exclusions disqualify a meaningful percentage of applicants up front. The One-and-Done rule for misdemeanor convictions disqualifies many more. And the "Clean Period" rule kills otherwise-eligible petitions when a new offense lands during the waiting window. If you're trying to figure out where you sit, the right starting point is a careful read of every prior judgment on your record — not just the one you're trying to clear.

This article is general information about Texas record-clearing law, not legal advice. Specific situations require specific counsel. The statutory references above reflect the law as of the 2025-2026 legislative landscape.