Your past shouldn’t define your future. But in Texas, a criminal record can linger for years — surfacing on background checks and standing between you and employment, housing, and professional opportunities. An order of nondisclosure can seal your record from public view, giving you the fresh start you deserve. At Varghese Summersett, our Denton County nondisclosure lawyers guide clients through the process with precision and care.
Why Denton County Residents Trust Varghese Summersett
Varghese Summersett is one of North Texas’s most recognized criminal defense firms, with more than 100 years of combined legal experience across a team of 70+ professionals. The firm has secured over 1,600 dismissals and 800+ charge reductions on behalf of clients across the region. That track record reflects something important: this firm knows how to navigate the Texas criminal justice system and help people move forward.
The firm has five Board Certified attorneys, including Benson Varghese and Anna Summersett – the founders of the firm. Board certification is the highest designation a Texas attorney can receive in their specialty — fewer than 7% of Texas lawyers hold it. Varghese Summersett attorneys have been featured in major media outlets and recognized by outlets including Super Lawyers, Fort Worth Magazine, and the National Trial Lawyers. Their Denton County criminal defense team is ready to evaluate your situation today.
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What Is an Order of Nondisclosure in Texas?
An order of nondisclosure is a court order that seals your criminal record from public access. It is sometimes called a “record sealing.” Once granted, government agencies and most private entities are prohibited from disclosing your sealed record. This means it typically won’t appear in background checks run by landlords, employers, or licensing boards.
Nondisclosure is not the same as expunction. With an expunction, the record is destroyed entirely. With nondisclosure, the record still exists — but it is hidden from the public. Law enforcement agencies can still see a sealed record, and certain licensing boards may still access it depending on the profession.
Still, nondisclosure can be life-changing. It allows most people to legally deny the existence of the arrest and charge when applying for jobs, housing, or licenses that don’t fall under specific exceptions.
Who Is Eligible for Nondisclosure in Denton County?
Eligibility is governed by Texas Government Code Chapter 411, Subchapter E. To qualify, you generally must have completed deferred adjudication for the offense you want sealed. Deferred adjudication is a form of probation that, upon successful completion, results in a dismissal — not a conviction. That dismissal is what opens the door to nondisclosure.
Under Texas Government Code § 411.0727, a person who successfully completed deferred adjudication for a misdemeanor offense may petition the court for nondisclosure after satisfying the required waiting period. Under Texas Government Code § 411.0728, some felony deferred adjudication cases also qualify, subject to longer waiting periods and additional restrictions.
The general eligibility requirements are:
- You successfully completed deferred adjudication community supervision
- You were discharged and the case was dismissed
- The required waiting period has passed (varies by offense)
- You have not been convicted of or placed on deferred adjudication for any other criminal offense during the waiting period
- The offense is not one that is disqualified by law
Waiting Periods
The waiting period depends on the severity of the offense. For most misdemeanors, there is no waiting period after discharge — you may petition immediately. For certain misdemeanors involving violence, family members, or weapons, a two-year waiting period applies. For felonies, the waiting period is five years from the date of discharge.
Disqualifying Offenses
Not all offenses are eligible for nondisclosure, even if you completed deferred adjudication. Offenses that are permanently disqualified include those requiring sex offender registration, murder, capital murder, aggravated kidnapping, trafficking of persons, injury to a child, stalking, and offenses involving family violence. If your charge falls into one of these categories, a Varghese Summersett attorney can evaluate whether any alternative relief — such as expunction — may be available.
The Legal Standard for Obtaining Nondisclosure
A petition for nondisclosure is a civil proceeding. The petitioner — meaning you — bears the burden of establishing eligibility. The standard is a preponderance of the evidence, meaning you must show it is more likely than not that you meet all statutory requirements. The court also has discretion to grant or deny the order if it finds that granting nondisclosure would not be in the best interest of justice. A well-prepared petition, supported by documentation of your discharge, completion of deferred adjudication, and clean record during the waiting period, gives the court what it needs to act in your favor.
Automatic Nondisclosure: A Special Pathway
Texas law provides a streamlined process for certain lower-level offenses. Under Texas Government Code § 411.072, individuals who completed deferred adjudication for certain Class B misdemeanor marijuana possession offenses may be eligible for automatic nondisclosure — meaning the court issues the order without requiring you to file a petition. This automatic process can also apply in other limited circumstances. A Denton County nondisclosure lawyer can determine whether you qualify for this faster pathway.
How the Nondisclosure Process Works in Denton County
Felony deferred adjudication cases are heard in the district courts; misdemeanor cases are handled in the county courts at law. Your attorney will file your petition in the court where your original case was resolved.
The process generally involves the following steps:
- Case review: An attorney reviews your case history, discharge records, and criminal background to confirm eligibility.
- Petition drafting: Your attorney prepares and files the petition for nondisclosure in the appropriate Denton County court.
- Notice to agencies: The court notifies relevant state agencies about the petition.
- Hearing (if required): Some cases require a hearing; others are handled on a motion without a court appearance.
- Order issued: If approved, the court issues the order of nondisclosure, and the clerk notifies the Department of Public Safety and other agencies to seal the record.
- Record sealed: Within weeks of the order, your sealed record should no longer appear on most commercial background checks.
The timeline from filing to final order typically ranges from a few weeks to a few months, depending on the court’s docket and whether a hearing is required.
What Nondisclosure Does — and Doesn’t — Do
After a nondisclosure order is granted, most private employers, landlords, and individuals conducting background checks will not see your sealed record. You may legally deny the existence of the arrest and charge in most situations. This protection can make a significant difference when you are applying for jobs, housing, professional licenses, and educational opportunities.
However, nondisclosure has limits. Certain state licensing agencies — such as those overseeing law enforcement, education, and healthcare — may still access sealed records. Federal agencies are not bound by Texas nondisclosure orders, so federal background checks for positions requiring security clearances may still reveal the record. Additionally, if you apply to be a peace officer, work in a school, or seek a license from certain boards, the sealed offense may still be considered.
Your Denton County nondisclosure lawyer will explain exactly what your order will and won’t cover, so there are no surprises.
Nondisclosure vs. Expunction: Which One Do You Need?
Both expunction and nondisclosure can clean up your criminal history, but they work differently and have different eligibility requirements. Expunction destroys the record entirely — you can deny the arrest ever happened, even under oath in most contexts. Nondisclosure seals the record but does not destroy it. Expunction is available for arrests that never led to a conviction and for certain other situations, such as cases dismissed after deferred adjudication for Class C misdemeanors.
If your case was dismissed outright — not through deferred adjudication — you may qualify for expunction rather than nondisclosure. An experienced Denton County expunction lawyer will determine which path applies to your situation and which provides the greatest protection for your future.
DWI and Nondisclosure in Denton County
DWI convictions are not eligible for nondisclosure under Texas law. However, if your DWI case was resolved through deferred adjudication, there is a specific nondisclosure pathway for DWI deferred adjudication cases under Texas Government Code § 411.0731. This pathway has stricter requirements: no prior criminal history of certain offenses, a BAC below 0.15 at the time of arrest, no accident involving another person, and a two-year waiting period after discharge. The Denton County DWI defense attorneys at Varghese Summersett can tell you whether this option is available based on the details of your case.
What to Expect From Varghese Summersett
When you work with Varghese Summersett on a nondisclosure petition in Denton County, you get a firm that takes record-clearing seriously. Attorneys review your full case history before filing, so there are no surprises at the courthouse. They handle the paperwork, agency notifications, and any required court appearances — you don’t have to figure out the process on your own.
The firm’s depth is real. With 70+ legal professionals across four Texas offices, Varghese Summersett has the resources to handle nondisclosure petitions alongside the full complexity of criminal law. Whether your case involved a misdemeanor drug charge, a low-level felony, or a DWI resolved through deferred adjudication, the team has seen it and knows how to move it forward.
Reach the Denton County defense team at (940) 252-2220 for a free consultation.
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Watch: How to Seal Your Criminal Record in Texas
This video explains the nondisclosure process in plain language — who qualifies, how to apply, and what to expect once your record is sealed.
Watch: How to Seal Your Criminal Record in Texas
Frequently Asked Questions
Can I seal a felony record in Denton County?
Some felony records can be sealed, but only if the case was resolved through deferred adjudication — not a conviction. If you completed felony deferred adjudication, discharged successfully, and the offense is not on the disqualifying list, you may petition for nondisclosure after a five-year waiting period. An attorney can review your specific case to confirm eligibility.
Will a nondisclosure order remove my record from the internet?
A nondisclosure order obligates government agencies and most commercial background check services to seal your record, but it does not automatically scrub information from every website. Some third-party sites that archived your arrest information may not remove it voluntarily. An attorney can advise on steps to address lingering online records after your order is granted.
Do I need a lawyer to file for nondisclosure in Texas?
You are not legally required to hire an attorney to file for nondisclosure, but mistakes in the petition can result in denial — and some cases have a waiting period before you can try again. A lawyer ensures the petition is filed correctly in the right court, that eligibility is confirmed before filing, and that nothing in your background disqualifies you without your knowledge.
How long does it take for my record to be sealed after the order is granted?
After the court issues the nondisclosure order, the clerk sends notice to the Texas Department of Public Safety and other relevant agencies. Most commercial background check databases update within a few weeks to a few months. The exact timeline can vary, but your attorney can follow up to confirm the record has been properly sealed.
What if I was convicted instead of placed on deferred adjudication?
A conviction — as opposed to a deferred adjudication dismissal — generally does not qualify for nondisclosure. However, certain first-time DWI convictions that resulted in a fine only, with no jail time, may qualify under a separate provision. An experienced Denton County nondisclosure lawyer can review your judgment and sentence to determine whether any relief is available.
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Take the Next Step Toward a Clean Record
A past arrest doesn’t have to define the rest of your life. If you completed deferred adjudication in Denton County, you may already be eligible to seal that record today. The attorneys at Varghese Summersett will review your case at no charge and tell you exactly where you stand. Reach them any time at (940) 252-2220.
