GUIDE
Sealing a Deferred Case: Nondisclosure and Rental Reports
Finishing deferred adjudication and getting a nondisclosure order are two separate things. Some records can be sealed with a nondisclosure order, but finishing deferred doesn't seal your case on its own.
What this guide covers
- Checking your papers in order
- Which Chapter 411 path may apply
- What a nondisclosure order changes for screening
Check your papers in order
Start with the deferred adjudication order, then the discharge or dismissal document, then any nondisclosure order. If all you have is proof that your supervision ended, that isn't a sealing order.
Ask which path applies to you
Chapter 411 has different steps and rules for different cases. A lawyer needs your offense, how the case ended, when you finished and the rest of your history. That's how they find the right section and anything that rules you out. Rules for one type of case don't carry over to every deferred case.
For some first-time misdemeanors, you don't file a petition. The judge has to issue the nondisclosure order once deferred ends (Texas Government Code 411.072). It still isn't fully automatic. You have to show the court you qualify and pay a $28 clerk fee. The order can't issue before day 180 of your deferred.
DWI, assault, sex offenses, family violence, weapons cases and several other offense types are left out. So is anyone with an earlier conviction or deferred case, other than a traffic ticket that only carried a fine.
Check with the court clerk or legal aid to see if your case got an order, and keep a copy.
What changes for screening
A nondisclosure order limits who can see the record. It doesn't destroy the record. The law still lets some groups see it, and the order spells out which ones. If a screening company's report shows information it shouldn't, keep the report and the order. Then use the company's dispute process.
Ask a lawyer how the order affects the exact question on the rental application. Don't go by general advice on whether to bring up a sealed case yourself or say there's no case.
The law itself is in Texas Government Code Chapter 411. Local Help lists places to get legal help, and the deferred record document checklist can help you prepare. We don't decide legal eligibility or file nondisclosure petitions.
What to do next
- Line up the deferred order, the discharge or dismissal and any nondisclosure order.
- Ask the court clerk or legal aid if your case got an order, and keep a copy.
- Use Local Help to find legal aid near you.
- Until you have an order in hand, read why deferred cases still show on screening.
Published by the Felon Friendly Apartment Team. This is general renter information. Each property makes its own decisions, and questions about your own case belong with a lawyer or legal aid.
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Deferred Adjudication Apartments in Texas
Sealed or not, we check how each community's rules treat your deferred case. We don't decide legal eligibility or file petitions.
See how our deferred search works →Common Questions
Can deferred adjudication be sealed in Texas?
Some deferred cases can be sealed through an order of nondisclosure under Texas Government Code Chapter 411. Which section applies depends on the offense and your history, so check with a lawyer or legal aid.
Does finishing deferred seal my record on its own?
No. Finishing deferred and getting a nondisclosure order are two separate things. Some first-time misdemeanors get an order without a petition, but you still have to show the court you qualify.
Does a nondisclosure order help with apartment screening?
It limits who can see the record. If a screening report shows information it shouldn't, keep the report and the order and use the company's dispute process.
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