Can You Seal Your Record After Deferred Adjudication in Texas?

March 7, 2026

Deferred adjudication keeps you from a conviction, but it does NOT keep your record off background checks unless you seal it.

You finished probation. The judge dismissed your case. You thought it was over.

Then a job application asks about criminal history and the case still shows up.

In Texas, deferred adjudication avoids a conviction, but the record remains public unless you request an Order of Nondisclosure. This is the law’s way of sealing the case from most employers and background checks. But eligibility depends on the charge, waiting period, and your record after dismissal.

Here’s how to know if you qualify.

First Requirement: The Case Must Be Dismissed After Deferred Adjudication
You may qualify only if:
  • You received deferred adjudication probation
  • You successfully completed it
  • The judge discharged and dismissed the case
If you were convicted instead, nondisclosure under deferred adjudication rules does not apply (different laws control post-conviction nondisclosure).

Second Requirement: The Offense Must Be Eligible
Texas permanently blocks nondisclosure for certain offenses even if dismissed.
  • Common ineligible categories include.
  • Family violence findings
  • Violations requiring sex offender registration
  • Murder, trafficking, kidnapping
  • Injury to a child, elderly, or disabled person
  • Certain violent offenses
Important:
If the court made a family violence finding, the case cannot be sealed, even if dismissed.

The Waiting Periods (Most Important Part)
The filing timeline starts on the date of discharge and dismissal, not the arrest date.

Immediate Eligibility (Many Misdemeanors)
You may file immediately after dismissal for certain non-violent misdemeanors, such as:
  • Theft
  • Criminal trespass
  • Disorderly conduct
  • Some drug possession offenses

2-Year Waiting Period
You must wait 2 years after dismissal for specific misdemeanors including:
  • Assault (non-family violence)
  • Deadly conduct
  • Harassment
  • Certain weapons offenses
  • DWI deferred adjudication cases (eligible only in limited situations)

5-Year Waiting Period (Felony Deferred Adjudication)
Most felony deferred adjudication cases require waiting 5 years after dismissal before filing.

You Must Stay Clean During the Waiting Period
Courts can deny nondisclosure if, during the waiting period, you receive:
  • A new criminal conviction
  • Another deferred adjudication (excluding fine-only traffic tickets)
  • Your record after dismissal matters.
Are You Eligible? Find Out Free!

The Judge Still Has Discretion

Unlike expunction, nondisclosure is not automatic.


Even if you qualify, the judge must decide sealing the record is in the best interest of justice. Courts often consider:


  • Your conduct after the case
  • Employment history
  • Time since dismissal
  • Rehabilitation
  • Public safety concerns


What Happens After Nondisclosure Is Granted?

The record is sealed from public access.


This means:

  • Most employers cannot see it
  • Most landlords cannot see it
  • Private background checks usually cannot see it

However, government agencies and certain licensing boards still can. You may legally deny the case in most everyday situations.


Expunction vs Nondisclosure

Expunction: record destroyed
Nondisclosure: record sealed


Deferred adjudication almost always qualifies for nondisclosure, not expunction (except rare Class C situations).


Conclusion

Deferred adjudication protects you from a conviction, but not from background checks. Until sealed, the case remains visible and can affect jobs, housing, and professional opportunities.


Once nondisclosure is granted, the record becomes hidden from the public.


Finishing probation was only the first step. Wealing the record is what truly lets you move forward.


Expungement.Legal, operated by Wyde & Associates, PLLC, helps clients across Texas determine eligibility dates and file nondisclosures correctly so the case stops appearing on background checks.


Find out today whether your record can already be sealed. You may be closer than you think!