Non-Disclosure & Record Sealing Lawyer El Paso TX — Hide Your Record from Employers

What Is Non-Disclosure Order & Record Sealing?

An Order of Non-Disclosure is a court order issued under Texas Government Code Chapter 411 that prohibits government agencies from disclosing information about a sealed offense to the general public. Unlike an expunction — which destroys all records of an arrest — a non-disclosure order seals the records from public view while keeping them accessible to law enforcement agencies, criminal justice agencies, and certain licensing boards. The practical effect for most El Paso residents is significant: private employers, landlords, and the general public conducting standard background checks will not see the sealed offense. Eligibility for a non-disclosure order generally requires that you: (1) received deferred adjudication community supervision (not a conviction) for the offense; (2) successfully completed the deferred adjudication without a revocation; (3) were not subsequently convicted of or placed on deferred adjudication for another offense during the supervision period; (4) have waited any applicable waiting period after discharge; and (5) are not seeking non-disclosure for a disqualifying offense. Texas law has significantly expanded non-disclosure eligibility in recent years. House Bill 3016 (2015) created non-disclosure eligibility for certain first-time DWI convictions — not just deferred adjudication cases. Under Texas Government Code Section 411.0731, a person who was convicted of a first DWI (not deferred adjudication) may petition for non-disclosure after completing the sentence, provided the BAC was below 0.15 and no accident involving another person occurred. The waiting period is 2 years if an ignition interlock device was required, or 5 years otherwise. This provision has opened up non-disclosure relief for thousands of Texans who were previously ineligible. Disqualifying offenses — those that can never be sealed under Texas law — include murder, capital murder, aggravated kidnapping, trafficking of persons, sexual assault, indecency with a child, and any offense requiring sex offender registration. Family violence offenses are also generally disqualifying. An attorney can review your specific offense and advise you on eligibility.

Penalties in Texas — What You Are Facing

Without a non-disclosure order, a deferred adjudication or conviction remains visible on background checks conducted by employers throughout El Paso. El Paso's largest employers — Fort Bliss, UTEP, the El Paso Independent School District, the City of El Paso, and the many federal contractors in the region — all conduct thorough background checks. A visible criminal record can prevent you from being hired, promoted, or retaining a professional license. The consequences extend beyond employment. Landlords in El Paso's competitive rental market routinely use criminal history in housing decisions. Professional licensing boards — including the Texas State Bar, the Texas Medical Board, the Texas Board of Nursing, and the Texas Real Estate Commission — consider criminal history when evaluating license applications and renewals. For non-citizens in El Paso's large border community, a visible criminal record can complicate visa renewals, green card applications, and naturalization proceedings. A non-disclosure order does not eliminate these consequences entirely — law enforcement and certain licensing agencies can still see the sealed record — but it removes the record from the public-facing background checks that affect most people's daily lives.

The Legal Process in El Paso, Texas

The non-disclosure process in El Paso County begins with a comprehensive review of your criminal history to confirm eligibility under Chapter 411. Attorney Aaronson obtains your complete criminal history from the Texas Department of Public Safety and reviews the court records from the El Paso County District Clerk's office to verify the outcome of your deferred adjudication, confirm that the supervision was successfully completed, and calculate whether any required waiting period has been satisfied. Once eligibility is confirmed, the attorney prepares and files a Petition for Non-Disclosure in the appropriate court — either the El Paso County Court at Law (for misdemeanors) or the El Paso County District Court (for felonies). The petition must identify all agencies that hold records of the offense. The court sets a hearing date, and all named agencies are served with notice. At the hearing, the court reviews whether you are eligible and whether granting the non-disclosure order is in the best interest of justice. If the order is granted, it is served on all named agencies, which must seal the records from public disclosure. Attorney Aaronson follows up with each agency to confirm compliance.

Defense Strategies That Work in El Paso Courts

Successfully obtaining a non-disclosure order requires precision at every step. Common issues that can result in denial include: filing before the applicable waiting period has expired; failing to identify and serve all required agencies; errors in the petition that do not match the court's records; and attempting to seal a disqualifying offense. Attorney Aaronson's approach addresses each of these risks. He conducts a thorough eligibility review before filing, prepares the petition with careful attention to the statutory requirements, serves every required agency, and attends the hearing to address any objections from the State. He also stays current with the frequent changes to Texas non-disclosure law — including new provisions for DWI cases and expanded eligibility categories — to identify every available option for his clients.

Frequently Asked Questions About Non-Disclosure Order & Record Sealing in El Paso