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How to Seal a Criminal Record Through a Petition for Non-Disclosure

If you are not eligible for an expunction, the next best option to protect your reputation is an Order of Non-Disclosure. A person who has successfully completed deferred adjudication probation may qualify to obtain an order of non-disclosure from the court. While this order does not erase the record completely like an expunction, it prevents government agencies from publicly disclosing criminal history information related to the offense. The specific criminal offense will determine whether a person is entitled to an order of non-disclosure and when such an order can be obtained.

San Antonio residents benefit from local judges' knowledge of non-disclosure law, but the process requires close attention to the unique requirements within Bexar County courts. Laws and waiting periods may change, so consulting a legal professional familiar with San Antonio matters increases your chance of success. Timing and eligibility both hinge on key details about your case, including the type of probation served and the severity of the original charge.

For most misdemeanors, you may file a petition for an order of non-disclosure immediately after discharge from probation and dismissal of the offense. However, some misdemeanors require you to wait five years from the date of discharge and dismissal of the misdemeanor offense. 


Protect your future with help from a skilled expungement attorney in San Antonio. Contact us online or call (210) 970-7019 to learn how to seal your record today.


Those offenses include: 

  • Unlawful restraint
  • Public lewdness
  • Indecent exposure
  • Assault
  • Deadly conduct
  • Terroristic threat
  • Disorderly conduct
  • Harassment
  • Unlawful carrying of a firearm
  • Obstructing a highway or another passageway
  • Interference with an emergency telephone call, stalking, and bigamy

During this five-year period, the applicant must not receive anything more than a citation for a fine-only traffic offense. For most felony offenses, the applicant must wait five years from the date of discharge and dismissal of the felony offense.

Benefits of Obtaining an Order of Non-Disclosure

Obtaining an order of non-disclosure offers significant advantages. A person who receives an order of non-disclosure may deny ever having been arrested or prosecuted for the offense unless the information is used against the person in a subsequent criminal proceeding. However, an order of non-disclosure does not require the government to destroy the information. The information may still be released to criminal justice agencies, non-criminal justice agencies authorized by statute or executive order to receive criminal history record information, and the person who is the subject of the criminal history information.

Because San Antonio employers and landlords often conduct local background checks, an order of non-disclosure can open doors that once seemed closed. Many private employers, apartment managers, and universities use consumer reporting agencies that must honor non-disclosure orders. This means that having your record sealed can affect your job prospects, housing opportunities, and admission to education programs. In Bexar County, these practical benefits apply throughout the city, so even a minor difference in your record's status can have a lasting impact on your future.

Legal Protections & Penalties for Violating Non-Disclosure Orders

Private entities that compile and distribute criminal history information for compensation may not release information regarding an offense protected by an order of non-disclosure. A district court may issue a warning to a private entity for a first violation, but may impose a civil penalty not to exceed $500 for each subsequent violation. The Attorney General or the District Attorney's office may file suit to collect penalties.
 

Who Qualifies for Expungement in Texas?

Eligibility for expungement depends on the details of your case and the outcome of any criminal charges. In Texas, individuals may qualify for expungement if their case resulted in dismissal, acquittal, or certain Class C misdemeanor convictions that ended with successful completion of deferred adjudication. The law may also allow expungement if a person was arrested but never formally charged, as long as the required waiting period has passed and no charges are pending. Expungement is generally not available for convictions resulting in jail or prison time, except in very limited circumstances as outlined by Texas law. Within San Antonio and Bexar County courts, judges review the facts of each case to determine if expungement is allowed according to Chapter 55 of the Texas Code of Criminal Procedure. Before proceeding, you should gather all court documents and review eligibility guidelines to avoid delays or denials.

Expunction vs. Non-Disclosure: What’s the Difference?

Understanding the difference between expunction and non-disclosure helps you choose the right approach to clearing your criminal record. An expunction orders government agencies and courts to destroy or return all records relating to a particular arrest or charge, effectively erasing the incident from your official history. If a court grants an expunction, you can legally deny the event ever happened—even under oath. In contrast, an order of non-disclosure seals the record from public view but does not destroy it. Certain agencies, law enforcement, and licensing bodies may still access non-disclosed records for specific purposes. In San Antonio, both remedies offer meaningful relief, but your eligibility and desired outcomes will determine which solution suits your needs. Expunction provides complete erasure for those who qualify, while non-disclosure is available in a broader range of situations, particularly for those who have completed deferred adjudication.

Why Work with an Expungement Attorney in San Antonio?

Navigating the expungement or non-disclosure process involves more than just filing paperwork. Working with an experienced expungement attorney in San Antonio brings significant advantages at every stage. Legal professionals understand the complexities of local rules, Bexar County court procedures, and changing state requirements. By reviewing the specifics of your case, an attorney helps confirm eligibility, prepares the necessary documentation, and anticipates any barriers you might encounter. Our team offers compassionate guidance, clear communication, and support through each step of the process. We prioritize detailed case preparation, thorough investigation, and strategic advocacy that puts our clients’ best interests first. This approach helps reduce errors, prevent delays, and give your case the strongest possible chance for success in San Antonio’s courts. Our bilingual team ensures that all clients can fully understand and participate in the process, regardless of language preference.

Applying for a Non-Disclosure Order

If you hire our expungement attorneys in San Antonio, after confirming your eligibility, we will file a Petition for Non-Disclosure Order in the court that originally heard your case. The petition serves as the written request for the judge to grant an Order for Non-Disclosure. Judges have more discretion in reviewing requests for non-disclosure than in expunctions. This flexibility can benefit petitioners, but judges will deny the request if granting it would not serve justice.

Every non-disclosure petition in San Antonio follows a series of local court protocols. Petitioners must properly serve notice to the district attorney and agencies that may have your records. Hearings are held in San Antonio’s Bexar County courts, where local judges review each case individually, weighing the facts and potential impact on public safety. An experienced legal team helps gather supporting documents and prepares arguments to present to the judge. Timely preparation and knowledge of local procedures often make a difference in how a case proceeds.

Once the Order for Non-Disclosure Is Granted

After the court grants the non-disclosure order, records related to the offense become inaccessible to the public but remain accessible to government agencies and certain licensing boards. This can help you when applying to jobs and educational programs in the private sector.

Once granted, the clerk in Bexar County notifies the Texas Department of Public Safety and other agencies required by law to limit access to your records. Banks, employers, and landlords who check public records will not see the sealed criminal history. However, some government agencies and licensing entities may still view the records for certain applications, such as jobs in law enforcement or education. If your occupation requires a professional license, finding out if non-disclosure restrictions apply is an important early step.

Let the expunction attorneys at Hernández Dauphin Legal, P.C. help you determine if you qualify for an expunction or non-disclosure order. You deserve a clean slate, and we can help make it happen for you.
 

How Long Does the Expungement Process Take in San Antonio?

The timeline for expungement in San Antonio varies based on the specifics of your case and the current workload of Bexar County courts. Generally, most expungement proceedings move through several phases, including the preparation and filing of the petition, formal notification of all parties, and a court hearing before a judge. In Bexar County, hearings may be scheduled several weeks to a few months after filing, depending on court calendars and administrative backlogs. After the judge grants an order of expunction, government agencies often require several additional weeks to fully destroy or return all relevant records. Some delays occur if agencies need extra documentation or if multiple records exist across different jurisdictions. Throughout this process, our legal team tracks the status of every step and communicates updates so clients understand what to expect.

Risks & Considerations When Seeking Record Relief

While expunction and non-disclosure offer important benefits, they also come with certain risks and considerations. Not all applications are approved, and incomplete or inaccurate petitions can lead to extra costs, wasted time, or the loss of eligibility for relief. Additionally, even after a successful expunction, third-party background check services or websites may not immediately remove information unless they receive notice and comply with state requirements. In some cases, agencies outside Texas could retain your information if they fail to follow up on court orders. Licensing boards for positions such as teachers, healthcare workers, or peace officers may still access sealed or non-disclosed records. Applicants must understand all obligations, including eligibility rules and any waiting periods, before starting the process. Working with knowledgeable legal counsel helps reduce risks and ensures that the relief you seek matches your long-term goals—especially in the evolving legal landscape of San Antonio and Bexar County.

Record Expungement & Sealing Attorneys in San Antonio

What Are Criminal Record Expunctions?

If you have ever been arrested for an offense that was dismissed, resulted in acquittal, or was reduced to a Class C misdemeanor, you may be eligible to have that incident permanently erased or sealed.

Many people in San Antonio pursue expunctions after having charges dropped or dismissed in local courts. Texas law sets specific criteria for expunction eligibility, depending on the outcome of the case and the nature of the charges. Applicants must carefully review whether there are pending charges or previous convictions that might impact eligibility. In Bexar County, processing times and steps may vary, so understanding the local court’s timetable can help you manage expectations. The expunction process involves several specific steps designed to fully and permanently remove your criminal record from public view, safeguarding your reputation for the future.

Due to the Texas Open Records Act, arrest records are publicly available for purposes such as:

  • Employment background checks
  • Apartment leasing checks
  • Lenders
  • Adoption background checks

This means landlords, future employers, lending companies, and others can discover prior criminal conduct by searching your name at the courthouse or online using web-based criminal record databases. Unfortunately, once people learn about past legal problems, they may hesitate to do business with you.

Give yourself a fresh start and get your case expunged. Once expunged, these items are erased from your criminal record:

  • Fingerprints
  • Booking photo
  • Arrest report
  • Local county records 
  • DPS records

An expunction order directs courts, law enforcement, and other entities to destroy any records related to the incident. This strict procedural process helps ensure that your record remains clear during future background checks for work, housing, and loans. Since records are removed from both state and local databases, individuals with expunged records often experience greater career opportunities and personal peace of mind. The legal team at Hernández Dauphin Legal, P.C. has deep familiarity with San Antonio courts and agencies involved, which streamlines communication throughout the expunction process.


If you are eligible for an expunction, contact an expungement lawyer in San Antonio to ensure the process is completed correctly. Unsure if you qualify? Contact us online or call (210) 970-7019.


Frequently Asked Questions

Can I get an expunction for a felony charge in San Antonio?

Individuals may be eligible for expunction of a felony arrest in San Antonio if the charge was dismissed, resulted in acquittal, or if they received a pardon. Expunction is typically not available if you were convicted of a felony, except in limited and specific circumstances defined by Texas law. Eligibility depends on your case’s unique facts, and reviewing them carefully is critical before filing a petition.

Will my sealed or expunged record ever show up on a background check?

For most private employers, housing managers, and lenders in Texas, a properly granted and processed expunction or non-disclosure order removes the offense from standard background checks. However, certain government agencies and licensing boards may still access sealed records for specific purposes, and a delay in data removal by some third-party websites can occur.

What happens if my expunction or non-disclosure petition is denied?

If Bexar County courts deny your petition, you may appeal or reapply in the future if your circumstances change or eligibility requirements are updated by law. Consulting a qualified expungement attorney in San Antonio can help clarify next steps and whether you can pursue additional legal relief under changing Texas statutes.

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