Can You Seal A Felony Record In Texas?
Can You Seal A Felony Record In Texas?
A felony record can impact your life long after your case ends. It may affect your job, housing, and how others view you. Many people think there is no way to move forward if a felony shows up on a background check, but Texas law sometimes allows it. The options are limited and depend on how your case ended, the type of offense, and your actions afterward. We help clients in Galveston County and the Houston area learn what relief is possible and how to pursue it.
What It Means To Seal A Criminal Record In Texas
In Texas, the process is not usually called “sealing.” Instead, it is known as an Order of Nondisclosure. If granted, this order limits who can view your criminal history.
Under Texas Government Code §411.072 and related provisions, an order of nondisclosure prohibits public disclosure of certain criminal records. This means:
- Private employers may not see the case in most background checks.
- Landlords and the general public are blocked from access.
- Many licensing agencies cannot consider the record.
Law enforcement, courts, and some government agencies can still access your record. Nondisclosure does not erase your record; it only limits who can see it.
The Difference Between Expunction And Nondisclosure
It is important to separate two very different forms of relief under Texas law. Expunction, governed by Texas Code of Criminal Procedure Chapter 55, permanently deletes qualifying records. When granted, the law treats the arrest as if it never occurred.
Nondisclosure, governed by Texas Government Code Chapter 411, seals the record from public view but does not destroy it.
Expunction is rare for felony cases. Nondisclosure is more common, but still has limits. Which option applies depends on how your case ended.
Can A Felony Conviction Be Sealed In Texas
Most felony convictions cannot be sealed because Texas law has strict eligibility rules.
Under Texas Government Code §411.074, individuals may seek nondisclosure after successfully completing deferred adjudication for certain offenses. However, if you were convicted of a felony and received a final conviction, you generally do not qualify for nondisclosure. However, there are important exceptions for cases involving deferred adjudication.
If a felony case resulted in deferred adjudication probation and you successfully completed it, you may be eligible for nondisclosure depending on the offense.
Felonies that typically cannot be sealed include:
- Violent offenses involving family violence.
- Aggravated offenses.
- Offenses requiring sex offender registration under the Texas Code of Criminal Procedure Chapter 62.
- Certain crimes involving children.
Since the eligibility rules are strict, it is important to review your exact charge and how your case ended.
Felony Deferred Adjudication And Nondisclosure Eligibility
Deferred adjudication is often the only pathway to sealing a felony record in Texas. Under Texas Government Code §411.0725, individuals who complete deferred adjudication for certain nonviolent felonies may petition for nondisclosure after a waiting period.
The waiting period depends on the offense. For many felony cases, the waiting period is five years from the date of discharge and dismissal.
During that time, you must:
- Avoid new criminal convictions.
- Successfully complete all terms of probation.
- Pay all fines, fees, and restitution.
If you meet these requirements, you may file a petition asking the court to grant nondisclosure.
The court will then determine whether sealing the record is in the best interest of justice.
Cases That Were Dismissed Or Resulted In No Conviction
If your felony case was dismissed or you were found not guilty, your options may be stronger.
Under Texas Code of Criminal Procedure §55.01, you may qualify for expunction if:
- The case was dismissed, and no charges were refiled within the statute of limitations.
- You were acquitted at trial.
- You were pardoned.
Expunction is the strongest form of relief because it removes the record entirely.
In some situations, if expunction is not available, nondisclosure may still apply depending on the circumstances.
Waiting Periods And Filing Requirements
Timing plays a major role in record sealing.
For felony nondisclosure under Texas Government Code §411.0725:
- A five-year waiting period usually applies after discharge and dismissal.
- The petition must be filed in the court that handled the case.
- Filing fees apply unless waived.
The petition must include:
- Case details and identifying information.
- Proof of eligibility.
- A request for the court to grant the order.
Once filed, the court may hold a hearing or rule based on the written submission.
How Courts Decide Whether To Grant Nondisclosure
Even if you qualify, nondisclosure is not automatic.
The court must determine whether granting the order is in the best interest of justice. Judges often consider:
- The nature of the offense.
- Your conduct since completing the case.
- Employment history and community involvement.
- Any new arrests or charges.
- Evidence of rehabilitation.
We prepare detailed petitions and supporting evidence to strengthen the request and present a clear picture of your progress.
Common Mistakes That Can Hurt Your Petition
We often see people attempt to file on their own and run into avoidable problems.
Common issues include:
- Filing too early before the waiting period ends.
- Applying for a disqualified offense.
- Incomplete or inaccurate petitions.
- Failing to address the “best interest of justice” standard.
- Not responding to objections from the State.
These errors can lead to denial and delay future opportunities.
Why Clearing Or Sealing Your Record Matters
A public felony record can create barriers in nearly every part of life. Many employers conduct background checks before hiring. Landlords may deny applications based on criminal history. Professional licenses can be difficult to obtain or maintain.
Sealing an eligible record can:
- Improve job prospects.
- Open housing opportunities.
- Reduce stigma tied to a past case.
- Help you move forward with more privacy.
While it does not erase the past, it can change how your record affects your future.
Frequently Asked Questions About Sealing A Felony Record In Texas
Can You Seal A Felony Conviction In Texas?
Most felony convictions cannot be sealed under Texas law. If you were found guilty and received a final conviction, nondisclosure is usually not available. The main exception involves deferred adjudication. If your felony case ended in deferred adjudication and you successfully completed probation, you may qualify for nondisclosure depending on the offense. The law draws a clear line between convictions and deferred cases. This is why the outcome of the original case matters so much.
What Is Deferred Adjudication And Why Does It Matter?
Deferred adjudication is a form of probation where the court does not enter a final conviction if you successfully complete the terms. For felony cases, this can be the only realistic path to sealing a record. Once you complete deferred adjudication, the case is dismissed, and you may become eligible for nondisclosure after the required waiting period. It gives people a second chance, but only if they meet all conditions and avoid further trouble.
How Long Do You Have To Wait To Seal A Felony Record?
For most felony deferred adjudication cases, the waiting period is five years after discharge and dismissal under Texas Government Code §411.0725. During that time, you must stay out of trouble and complete all financial obligations. Filing too early will result in denial, so timing must be handled carefully.
Can A Felony Arrest Be Expunged If Charges Were Dropped?
Yes, in some cases. If your felony charge was dismissed and the statute of limitations has expired, you may qualify for expunction under Texas Code of Criminal Procedure §55.01. Expunction removes the record entirely. However, if the case could still be refiled, you may have to wait before applying.
What Crimes Cannot Be Sealed In Texas?
Texas law excludes certain offenses from nondisclosure eligibility. These often include:
- Family violence cases
- Aggravated offenses
- Offenses involving children
- Crimes requiring sex offender registration
These restrictions apply even if the case resulted in deferred adjudication. Reviewing the exact statute is necessary to determine eligibility.
Does Sealing A Record Remove It From All Background Checks?
No. A nondisclosure order prevents public access, but certain government agencies and law enforcement still have access. Private employers and landlords typically cannot see the sealed record. This distinction is important when deciding whether to pursue nondisclosure.
Can Employers Still Ask About A Sealed Record?
In most situations, you are legally allowed to deny the existence of a sealed offense when applying for private employment. However, some government jobs and licensed professions may still require disclosure. Each situation should be reviewed carefully.
What Happens After You File A Petition For Nondisclosure?
After filing, the court reviews the petition and may request a response from the State. In some cases, a hearing is scheduled. The judge then decides whether granting the order is in the best interest of justice. If approved, the order is sent to agencies to restrict access to the record.
Can You File For Nondisclosure Without A Lawyer?
You can, but the process is not simple. Mistakes in eligibility, timing, or paperwork can lead to denial. A denied petition can delay your ability to refile. Having legal guidance helps ensure the petition is properly prepared and supported.
How Long Does The Nondisclosure Process Take?
The timeline varies by court. Some cases are resolved in a few weeks, while others may take several months, depending on court schedules and whether a hearing is required. Once granted, it takes additional time for agencies to update their records.
Call Our Galveston Criminal Defense Attorney For Your Free Consultation
If you are trying to move forward after a felony case in Galveston County or anywhere in the Houston area, understanding your options is critical. Mark Diaz & Associates works with individuals who want to clear or seal eligible records and take back control of their future.
When you hire me, you work directly with me. My clients have my personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, I remain personally involved and accessible.
Contact our Galveston criminal defense attorney at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation and find out whether you qualify to seal your felony record.
(409) 515-6170