"Can I get this sealed?" is the most common question we get from people who finished their cases years ago. The answer depends on how the case ended, what the offense was, and how much time has passed. Brian Foley explains the framework in this video.
The five nondisclosure paths
§ 411.072 — Automatic (misdemeanor deferred adjudication). A first-time misdemeanor deferred adjudication for most offenses is sealed automatically by the court when it discharges you — if you had no prior convictions or deferreds and the offense is not excluded. No petition, no fee.
§ 411.0725 — Petition (other deferred adjudications). Deferred adjudications that do not qualify for the automatic route — including all felonies and misdemeanors where you had a prior — can be sealed by petition. Waiting periods: none for most misdemeanors, two years for certain misdemeanors (Penal Code Chapters 20, 21, 22, 25, 42, 43, 46), five years for felonies.
§ 411.073 — Petition (misdemeanor convictions). A first-time misdemeanor conviction with a sentence of fine, jail, or probation can be sealed after the sentence is complete — immediately for many fine-only offenses, two years for the Chapter 20–46 group.
§ 411.0731 / .0736 — Petition (first DWI). A first DWI conviction (BAC under 0.15, no crash) can be sealed after two years with six months of interlock, or five years without. See getting a DWI off your record.
§ 411.0728 — Trafficking victims and other specialized provisions.
The universal disqualifiers
Under § 411.074, you are ineligible for any nondisclosure if you have ever been convicted of or placed on deferred adjudication for: an offense requiring sex-offender registration; an offense with a family-violence finding; murder, capital murder, aggravated kidnapping; injury to a child, elderly, or disabled person; abandoning or endangering a child; violation of a protective order or bond condition; stalking; or human trafficking. You also cannot have been convicted of any other offense (except fine-only traffic) during the waiting period.
Sealed vs. erased
A nondisclosure hides the record from the public and most employers. It does not erase it — law enforcement, prosecutors, and a list of licensing agencies still see it, and it counts as a prior. If your case was dismissed or you were acquitted, you may qualify for an expunction instead, which destroys the record entirely. See clearing your record.
Eligibility is technical and the exclusions are traps. Call or text (713) 703-1718 and we will tell you whether you qualify.