Clearing A Record
Gov't Code 411.0725 — an order of nondisclosure after deferred adjudication or a misdemeanor, and the wait before it
In Texas, an order of nondisclosure prohibits criminal justice agencies from disclosing to the public the criminal history record information related to an offense. The subchapter reaches a person who was placed on deferred adjudication community supervision and received a discharge and dismissal, and some people convicted of a misdemeanor who completed their community supervision or their sentence, including any confinement and the payment of all fines, costs and restitution.
Some deferred adjudications are closed off without a petition. Where a person was placed on deferred adjudication for a misdemeanor other than those the section excludes, and has no earlier conviction or deferred adjudication other than a traffic offense punishable by fine only, the court that placed the person on deferred adjudication issues the order itself once it finds the conditions met. It does so at the discharge and dismissal, if that comes on or after the 180th day after the person was placed on deferred adjudication, or as soon as practicable on or after that day if the discharge came earlier. The person presents any evidence needed to establish eligibility, and pays a $28 fee to the clerk before the order issues.
| The case | The petition may be filed |
|---|---|
| The caseDeferred adjudication for another misdemeanor the section reaches | The petition may be filedOn or after the discharge and dismissal |
| The caseDeferred adjudication for a misdemeanor under Penal Code chapter 20, 21, 22, 25, 42, 43 or 46 | The petition may be filedOn or after the second anniversary of the discharge and dismissal |
| The caseDeferred adjudication for a felony | The petition may be filedOn or after the fifth anniversary of the discharge and dismissal |
| The caseCommunity supervision after a misdemeanor conviction | The petition may be filedOn or after completing it, or the second anniversary of completing it for a misdemeanor under the chapters listed above |
| The caseA misdemeanor conviction punishable by fine only | The petition may be filedOn or after the date the sentence is completed |
| The caseAny other misdemeanor conviction the section reaches | The petition may be filedOn or after the second anniversary of completing the sentence |
On a petition, the court decides. After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and that the order is in the best interest of justice, the court issues the order. For a misdemeanor conviction, the court may not issue one if it determines that the offense was violent or sexual in nature, other than an offense under Penal Code 22.01. After deferred adjudication, a petition may be filed whether or not the person has an earlier conviction, subject to the conditions below; after a misdemeanor conviction, the person has to have no earlier conviction or deferred adjudication other than a fine-only traffic offense.
- No order is granted to a person convicted of, or placed on deferred adjudication for, any offense other than a fine-only traffic offense during the sentence or supervision for the offense, or during the waiting period after it.
- No order is granted where the person seeks it for, or was ever convicted of or placed on deferred adjudication for, an offense requiring registration as a sex offender, certain other offenses the section lists, or any other offense involving family violence.
- No order is granted where the court makes an affirmative finding that the offense involved family violence.
After the order. A person whose criminal history record information is the subject of an order of nondisclosure is not required, in any application for employment, information or licensing, to state that the person has been the subject of any criminal proceeding related to that information.
The offenses each section excludes by number are not all set out here, and neither are who may still receive the information after an order, the petition's own fee and form, or expunction of an arrest record. Whether a particular case qualifies is a question for a licensed Texas attorney.
Sources for this section (6)
- Gov't Code 411.0725 — Procedure for deferred adjudication community supervision; felonies and certain misdemeanors
- Gov't Code 411.072 — Procedure for deferred adjudication community supervision; certain nonviolent misdemeanors
- Gov't Code 411.073 — Procedure for community supervision following conviction; certain misdemeanors
- Gov't Code 411.0735 — Procedure for conviction; certain misdemeanors
- Gov't Code 411.074 — Required conditions for receiving an order of nondisclosure
- Gov't Code 411.0755 — Statement in application for employment, information, or licensing
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.