Who Can Still See Your Criminal Record After a Texas Nondisclosure?

April 9, 2026

A nondisclosure order can protect your privacy, but it doesn’t hide your record from everyone.

For many Texans, obtaining an order of nondisclosure is an important step toward moving forward after a past criminal case. Once a nondisclosure order is granted, the record is generally hidden from the public and removed from most background checks used by private employers and landlords.

However, nondisclosure does not completely erase access to the record. Certain government agencies, licensing authorities, and other entities may still view the information for specific legal or regulatory purposes.

Understanding who can still access your criminal record after a nondisclosure order can help you better prepare for background checks, licensing applications, and other situations where your history might still be reviewed.

Criminal Justice Agencies Still Have Access
Even after a nondisclosure order is issued, criminal justice agencies continue to have access to the record.

This includes entities such as:
  • law enforcement agencies
  • prosecutors
  • courts
  • correctional institutions
These agencies may review criminal history information for official purposes, including investigations, prosecutions, or other criminal justice activities.

Texas law allows this access because nondisclosure is designed to protect individuals from public exposure—not to interfere with the operations of the justice system.

Certain Licensing Boards and State Agencies
Many professional licensing boards and regulatory agencies are also allowed to access nondisclosed records. Under Texas Government Code § 411.0765, criminal history information subject to nondisclosure may be disclosed to specific noncriminal justice entities for licensing or regulatory review.

Examples may include:
  • the State Board for Educator Certification
  • the Texas Medical Board
  • the Texas Board of Nursing
  • the Texas Department of Licensing and Regulation
These agencies may review nondisclosed records when determining eligibility for professional licenses or certifications. However, access to the record does not automatically mean an application will be denied. Licensing authorities typically evaluate each situation individually.

Schools, Financial Institutions, and Other Entities
In some cases, nondisclosed records may also be accessible to organizations that work closely with state regulatory systems.

These can include:
  • public school districts and charter schools
  • certain financial institutions for employment purposes
  • child care and social services agencies
  • nonprofit or public hospitals
The purpose of allowing limited access is to help these organizations comply with safety, regulatory, or licensing requirements.
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Prosecutors and Future Legal Proceedings

A nondisclosure order also does not prevent prosecutors from accessing the record in the future.


If a person is involved in a later criminal proceeding, prosecutors may review nondisclosed criminal history information. In some circumstances, the information may also be admitted as evidence if allowed under the Texas Rules of Evidence or other applicable laws. This means nondisclosure protects privacy from the public, but it does not remove the record from the legal system.


Federal Agencies May Still See the Record

Another important limitation is that federal agencies are generally not bound by Texas nondisclosure orders.


For example, criminal history information may still be considered in matters involving:

  • federal employment
  • security clearances
  • immigration matters
  • certain federal licenses or background checks

Because federal law operates separately from state nondisclosure protections, these agencies may still access or request criminal history information.


You Still Have Access to Your Own Record

Even after a nondisclosure order is granted, the individual who is the subject of the order can still access their own criminal history information.


This allows individuals to review their records when necessary, including for legal matters, personal documentation, or confirming that a nondisclosure order has been properly applied.


Understanding the Limits of Nondisclosure

A nondisclosure order can provide significant privacy protections. It generally prevents the public, private employers, landlords, and many background check companies from viewing the record.


However, it is important to understand that some government agencies and regulatory bodies may still access the information under Texas law. For many individuals, nondisclosure still offers meaningful benefits by removing barriers in employment, housing, and everyday life.


If you want to seal or clear your criminal record in Texas, understanding your options is the first step.


Expungement.Legal is operated by Wyde & Associates, PLLC, a Texas law firm that helps clients statewide with expunctions and nondisclosure orders.


Our team works with individuals across Texas to determine eligibility and guide them through the process of clearing or sealing qualifying criminal records.


Visit Expungement.Legal to learn more about your options and take the first step toward a cleaner record and a stronger future.