Clearing Your Record in Texas: Motion for Non Disclosure

Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure. The operative date is the date that the deferred adjudication was concluded.

What Type of Case Did You Have: When Can the Petition Be Filed?

All felonies -- 5 years from date of discharge and dismissal. Most misdemeanors may be "cleared" immediately. However some require a wait of 2 years from date of discharge and dismissal. Such as the following: Assault Cruelty to animals Deadly conduct Destruction of flag Discharge of firearm Disorderly conduct Disrupting meeting or procession Dog fighting False alarm or report Harassment Harboring runaway child Hoax bombs Indecent exposure Interference with emergency telephone call Leaving a child in a vehicle Making a firearm accessible to a child. Obstructing highway or other passageway Possession, manufacture, transport, repair or sale of switchblade knife or knuckles Public lewdness Riot Silent or abusive calls to 9-1-1 service Terroristic threat Unlawful carrying of handgun by license holder Unlawful carrying weapons Unlawful possession of firearm Unlawful restraint

Is Your Offense Ineligible for a Motion for Non Disclosure?

Under Section 411.081(e)(1)-(4), Government Code, anyone who has ever committed any of the following offenses (including as the offense for which the defendant got deferred adjudication) is not entitled to seek an order of nondisclosure. Indecency with a child Sexual assault Aggravated sexual assault Prohibited sexual conduct (incest) Aggravated kidnapping Burglary of a habitation with intent to commit any of the above offenses Compelling prostitution Sexual performance by a child Possession or promotion of child pornography Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age Attempt, conspiracy, or solicitation to commit any of the above offenses Capital murder "Family violence" means: Click here to close 1) An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably

Additional Resources

Find the court, case number, and date of discharge before filing the motion. Lastly, the motion must be filed with the court that granted the deferred adjudication.

Comments - add comment

Posted 12 months ago.

crispie1777's Comment: Is a DWI eligable? I had 1 back in 1987 and was given a fine and probation, that I fullfilled. 2nd DWI in Feb. 2002 which I bonded out on and got a failure to appear which led to later being arrested... later getting a driving while license invalid... along with another weekend or 2 of jail due to being pulled over. Eventually, went to court with attorney & got time served for this. Got other little runoff taken care of, got license & can finally get pulled over without an outright panic attack. Would love to get these cleared off my record.

Posted 12 months ago.

Anonymous Comment: I am sorry, but a DWI is not eligible for a motion for a non disclosure because only "regular probation" are allowed by law for this crime. Nevertheless, you should go back to your 1987 case and see if you got deferred adjudication because I do not the state of the law at that time. Getting time served makes you ineligible for "clearing your record." You may only "clear your record" in the following situations: a sucessful completion of a deferred adjudication, dismissal, no bill by a grand jury, or being found not guilty by a judge/jury. I am sorry to state that paying a fine without deferred adjudiction is a final conviction.

Posted 10 months ago.

traveldude7782's Comment: I had 2 felonies in 1980 and was placed on deferred adjudication probation. I successfully completed the terms or the probation. Can I file a motion for non disclosure and if yes, will these charges show up on future background checks/

Cynthia Henley

Avvo Rating: 10.0 (Superb)

Posted 10 months ago.

Lawyer's Comment: Traveldude - it does not matter WHEN you served out the deferreds, as long as you are eligible. You can file a motion for non disclosure if eligible. If you do so, they will not show up on back ground checks except as provided in Texas Government Code 411.081 (which means generally not.)

Cynthia Henley

Avvo Rating: 10.0 (Superb)

Posted 10 months ago.

Lawyer's Comment: In 1982 or 1984, the law became that DWI were not eligible for deferred so crispie1777 cannot get his record sealed even if he had successfully served out a deferred for the case.

Posted 10 months ago.

ketvrz's Comment: Can a Public intox charge be removed etc. If i plead no contest and pay the fine?

Herman Martinez

Avvo Rating: 9.0 (Superb)

Posted 9 months ago.

Lawyer's Comment: Ketvrz, I am sorry, but you are only eligible for a motion for non disclosure if you succesfully completed a deferred adjudication.

Posted 6 months ago.

Anonymous Comment: I know exactly how to file a Motion for Non Disclosure but do I have to have an attorney go with me to court to have the judge sign off on the Order? Or can I just go myself?

Posted 2 months ago.

mjtuck's Comment: I was arrested in 1997 in Texas for Assault w/ a deadly weapon for defending myself. Posted bond and victim and I both signed a non prosecution form. Charges were dropped, including state charges. Infact it never even went to the District Att. office or Pros. office. Case closed. However, the charge is apparently still on my record when I have background checks done. How do I go about getting this charge off my record? Is it possible and do I need an attorney or can I do this myself?

Posted 2 months ago.

Anonymous Comment: Does Attempted False Report fall under the 2 year wait for non disclosure?

Posted 17 days ago.

Anonymous Comment: In 2006 I was charged with aggraveted assult with a deadly weapon. They lowered the charge to deadly condut. I am a CNA. But I have been turned down with numerous jobs because of the charge. Explaining it to the fullest. Nobody wants to hire me with that on my record. How do I get it removed inexpensively?