Order Of Nondisclosure Lawyer In Conroe, TX
An order of nondisclosure keeps a criminal record out of public view without destroying it. This page explains which cases can qualify, how the waiting periods work, which offenses can never be sealed and who can still see a sealed record.
What Is An Order Of Nondisclosure In Texas?
An order of nondisclosure under Government Code chapter 411, subchapter E-1, bars courts, clerks and the Texas Department of Public Safety from releasing a criminal record to the public. It is available after completed deferred adjudication and for some convictions, such as certain first DWI cases. The record is sealed, not destroyed, and some agencies can still see it.
Understanding Texas Law
What Is An Order Of Nondisclosure In Texas?
An order of nondisclosure tells courts, clerks and the Texas Department of Public Safety to stop releasing a criminal record to the public. It comes from Government Code chapter 411, subchapter E-1, and is often described as sealing a record.
The practical effect is on who can look. Employers, landlords and commercial background check companies that pull records through public channels lose access to the sealed case.
The record itself survives. That is the trade compared with an expunction: less complete relief, but available for outcomes an expunction cannot reach, such as completed deferred adjudication.
The main routes to an order, each in its own section:
- § 411.072: certain first-time nonviolent misdemeanors after deferred adjudication
- § 411.0725: other deferred adjudication cases, with a wait set by the offense
- § 411.0726: DWI deferred adjudication, under its own conditions
- § 411.0731: a first DWI conviction resolved with community supervision
- § 411.0736: a first DWI conviction resolved with a jail or fine sentence
Every route is also subject to § 411.074, which lists offenses that disqualify a person altogether.
Eligibility And Waiting Periods
Who Qualifies For An Order Of Nondisclosure In Texas?
Every section has its own conditions, and § 411.074 adds rules that apply to all of them. These are statutory rules, and a judge decides each petition on the facts.
Counted from deferred discharge, for Penal Code chapters 20, 21, 22, 25, 42, 43 and 46.
Counted from discharge and dismissal of deferred adjudication.
- Deferred, first-time misdemeanor
- Under § 411.072, the order can issue at discharge, once 180 days have passed, for an eligible first misdemeanor outside the excluded chapters.
- Deferred, other misdemeanors
- Under § 411.0725, at discharge for many offenses, and two years after discharge for offenses in Penal Code chapters 20, 21, 22, 25, 42, 43 and 46.
- Deferred, felonies
- Five years after discharge and dismissal, under § 411.0725.
- DWI on supervision, § 411.0731
- Two years after completion with at least six months of interlock compliance. Five years without.
- DWI with jail or fine, § 411.0736
- Three years after completion with at least six months of interlock compliance. Five years without.
- DWI limits
- No other conviction or deferred beyond fine-only traffic offenses, and no collision involving another person.
- Barred entirely
- Family violence, stalking, sex offenses requiring registration, murder, capital murder, aggravated kidnapping, trafficking, injury to a child, elderly or disabled individual, and others in § 411.074.
- New offense during the wait
- A conviction or deferred for anything beyond a fine-only traffic offense ends eligibility.
Real Questions
What Do People Ask About Nondisclosures In Texas?
Why does an ignition interlock matter on a first DWI?
Does the judge have to grant the order?
Can a later arrest ruin eligibility?
If I have several cases, are they all sealed together?
Preparing A Petition
How Is A Nondisclosure Petition Evaluated?
An attorney reviews the final judgment or dismissal order, the exact offense and section charged, the dates and the person's whole record. Any one detail can decide eligibility. No result can be promised.
Waiting periods run from specific dates, such as discharge, completion of supervision or the end of a sentence. A petition filed too early can be denied.
Eligibility is not the same as an order.
For a person finishing deferred adjudication on a Class A, Class B or felony charge, nondisclosure is the main record relief the law offers. Cases that ended with no conviction and no plea may fit expunction instead.
DWI deferred adjudication has its own section, and a deferred DWI can still count as a prior for a later DWI whether or not it is sealed.
The Exact Offense
Is it one that § 411.074 bars permanently, such as family violence?
How The Case Ended
Was it deferred adjudication, supervision after conviction or a jail or fine sentence?
The Waiting Period
Has the right period passed from the right starting date?
Other Cases
Does a later conviction or deferred end eligibility?
DWI Details
Was the concentration below 0.15, was there a collision, and was interlock used?
Best Interest Of Justice
What can be shown to the judge about work, family and conduct since the case?
Local Process
How Is A Nondisclosure Filed In Montgomery County?
The petition goes back to the court that handled the original case, so felonies and misdemeanors are filed in different buildings.
Pick The Section
The final order and the offense decide which section of chapter 411 applies and when the wait ends.
File The Petition
The petition goes to the court that placed the person on supervision or entered the judgment.
Response And Ruling
The prosecutor may respond. The judge decides whether the conditions are met and, if so, signs the order, which is then sent to the agencies.
- Felony petitions
- Filed in the court that handled the case, in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St. The Montgomery County District Attorney's Office may respond.
- Misdemeanor petitions
- Filed in the court that handled the case, in one of the Montgomery County Courts at Law. A response, if any, comes from Montgomery County District Attorney's Office.
- Agencies affected
- Records held by the Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, and Roman Forest Police Department, the Montgomery County Sheriff's Office, the clerks and the Texas Department of Public Safety.
- If the order is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do To Seal A Criminal Record?
These steps are general information, not advice for any one person.
Get The Final Papers
Find the order of deferred adjudication, the discharge or the judgment.
Mark The Wait
Write down the date it started and when it ends.
Avoid New Charges
Anything beyond a fine-only traffic ticket can end eligibility.
Check The Excluded List
Make sure the offense is not one § 411.074 bars.
Know Who Still Sees It
Licensing agencies and certain employers can still see a sealed record.
Collect Good Records
Proof of work, school and community ties can support the request.
A lawyer can check the section, the dates and the exclusions before anything is filed. Mitchell Law Firm offers a confidential conversation about sealing a record from a case in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Government Code Chapter 411, Subchapter E-1: Orders of nondisclosure
- Texas Code of Criminal Procedure Chapter 42A: Deferred adjudication and community supervision
- Texas Code of Criminal Procedure Chapter 55A: Expunction of criminal records
- Texas Penal Code Chapter 49: DWI offense and enhancement
- Texas Penal Code Chapter 12: Punishment classes and ranges
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Topics
Other Criminal Cases Handled In Conroe, TX
Sealing and erasing are two different tools, and the way a case ended decides which one applies. See the full criminal defense overview for Conroe.
Other Criminal Charges
Property, weapons, and public order offenses that sit outside the main categories.
Probation And Sentencing
What a sentence can look like, and what happens when the terms of one are challenged.
Records And Defense
How a case can come off, or be shielded on, a record, and the defense tools the law provides.
Common Questions
Nondisclosure Questions People In Conroe Ask
What does a nondisclosure order seal in Montgomery County?
An order under Government Code chapter 411, subchapter E-1, bars courts, clerks and the Texas Department of Public Safety from releasing the covered criminal history to the public. The record is not destroyed. Criminal justice agencies, and certain other agencies and entities named in chapter 411, can still see it. The order covers only the case named in the petition.
When can deferred adjudication be sealed in Conroe, TX?
Government Code § 411.0725 measures the wait from the discharge and dismissal. Many misdemeanors have no wait, misdemeanors under Penal Code chapters 20, 21, 22, 25, 42, 43 and 46 wait two years, and felonies wait five. Section 411.072 separately covers certain first-time nonviolent misdemeanor deferred cases, where the order can issue at discharge once 180 days have passed.
How long is the wait to seal a first DWI conviction in Montgomery County?
It depends on the sentence and on an ignition interlock. Under § 411.0731, after community supervision the wait is two years if an interlock was complied with for at least six months, and five years if not. Under § 411.0736, after a sentence other than supervision it is three years with at least six months of interlock, and five years without.
Which DWI cases in Conroe, TX qualify for nondisclosure?
The DWI sections apply to a misdemeanor DWI that is not punished under the 0.15 or higher provision, for a person with no other conviction or deferred adjudication beyond fine-only traffic offenses. A court cannot issue the order if the state shows the offense caused a collision involving another person. Felony intoxication offenses fall outside these sections.
What offenses are barred from nondisclosure in Montgomery County?
Government Code § 411.074 bars nondisclosure for anyone who has been convicted of, or placed on deferred adjudication for, an offense requiring sex offender registration, aggravated kidnapping, murder, capital murder, trafficking, injury to a child, elderly or disabled individual, abandoning or endangering one, certain protective order violations, stalking, or any offense involving family violence.
Who can still see a sealed record in Conroe, TX?
Police, prosecutors, courts and other criminal justice agencies can still see it, and so can the licensing agencies and certain employers that chapter 411 names. A sealed record can also be used to enhance a later offense, and the person named in it can see it too. Private employers and landlords who rely on public records lose access.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A record that qualifies for sealing stays public until a petition is filed. Call or request a consultation to check eligibility.
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