Seal Your Criminal Record in El Paso TX — Non-Disclosure & Expunction

What Is Seal Criminal Record — Deferred Adjudication?

Criminal record sealing in Texas is accomplished through Orders of Non-Disclosure issued under Texas Government Code Chapter 411. A non-disclosure order prohibits government agencies from disclosing information about the sealed offense to the general public — meaning private employers, landlords, and most background check services will not see the offense. Law enforcement agencies and certain licensing boards retain access to the sealed records, but the practical effect for most El Paso residents is a significantly cleaner public-facing record. Record sealing is distinct from expunction: expunction under Texas Code of Criminal Procedure Chapter 55 completely destroys all records of an arrest, while non-disclosure seals them from public view. If you qualify for expunction, that is generally the preferred option. However, many El Paso residents who are not eligible for expunction — because they received deferred adjudication for a Class A or B misdemeanor or a felony, or because they were convicted of a first DWI — are eligible for non-disclosure. The most common pathways to record sealing in Texas are: (1) Deferred adjudication non-disclosure: If you received deferred adjudication community supervision for a qualifying offense and successfully completed the supervision without revocation, you may petition for non-disclosure. Most misdemeanors have no waiting period after discharge; state jail and third-degree felonies have a 2-year waiting period; second and first-degree felonies have a 5-year waiting period. (2) First DWI conviction non-disclosure: Under Texas Government Code Section 411.0731, a person convicted of a first DWI (BAC below 0.15, no accident involving another person) may petition for non-disclosure after completing the sentence. The waiting period is 2 years with an ignition interlock device, or 5 years without. (3) Certain other conviction-based non-disclosures for specific offense categories created by recent legislative changes. Disqualifying offenses — those that can never be sealed — include murder, capital murder, aggravated kidnapping, trafficking of persons, sexual assault, indecency with a child, any offense requiring sex offender registration, and most family violence offenses.

Penalties in Texas — What You Are Facing

Without record sealing, a deferred adjudication or conviction remains visible on background checks conducted by employers, landlords, and licensing agencies throughout El Paso. The consequences are wide-ranging. El Paso's major employers — Fort Bliss, UTEP, the El Paso Independent School District, the City of El Paso, and the many federal contractors operating in the region — all conduct thorough background checks. A visible criminal record can prevent you from being hired, promoted, or retaining a professional license. For El Paso residents in the healthcare, education, financial services, or security industries, a visible criminal record can result in the denial or revocation of a professional license by the Texas Medical Board, the Texas Board of Nursing, the Texas State Bar, the Texas Education Agency, or other licensing bodies. For non-citizens in El Paso's large border community, a visible criminal record can complicate visa renewals, green card applications, and naturalization proceedings. Sealing your record removes it from the public-facing background checks that affect these decisions, giving you a meaningful opportunity to move forward.

The Legal Process in El Paso, Texas

The record sealing process in El Paso County begins with a thorough 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 case, confirm that the deferred adjudication 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 El Paso County court — the County Court at Law for misdemeanors or the 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 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 sealing a criminal record 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 systematically. He conducts a thorough eligibility review before filing, prepares the petition with meticulous 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 Seal Criminal Record — Deferred Adjudication in El Paso