Can I get a straight probation conviction non-disclosed? Yes!

Brian Foley
Aug 5
3 min read

I'm a lawyer so obviously that's a "Yes if certain conditions apply," but lets take a look at what those are!

Understanding Government Code § 411.073

If you were placed on straight probation (also called regular community supervision) in Texas for a misdemeanor offense—even years ago—you may be eligible to have your record sealed under Texas Government Code § 411.073. This process is called a nondisclosure, and it can prevent the public from seeing your criminal record, including potential employers and landlords.

Many people mistakenly believe that only deferred adjudication can be sealed. But Texas law now allows nondisclosure in certain misdemeanor cases even after a conviction, as long as it resulted in straight probation and other legal requirements are met.

Let’s break it down.

What Is Straight Probation?

In a straight probation case, you are found guilty of the offense, and the judge imposes a sentence—but instead of sending you to jail, the judge suspends the sentence and places you on probation. Unlike deferred adjudication, this results in a conviction on your record.

Historically, straight probation convictions were not eligible for nondisclosure. That changed with a 2015 update to the law.

What Does Texas Government Code § 411.073 Say?

Section 411.073 of the Texas Government Code allows people convicted of certain misdemeanor offenses and placed on straight probation to petition the court for an order of nondisclosure—which seals the record from the general public.

Requirements to Qualify

To be eligible under § 411.073, you must meet all of the following:

You were convicted of a misdemeanor offense and received straight probation.
You successfully completed all terms of probation.
You have no prior convictions or deferred adjudications (other than minor traffic tickets).
The offense did not involve family violence.
You waited the required waiting period after completing probation (if any).
The judge finds that issuing a nondisclosure is in the best interest of justice.

Waiting Periods

No waiting period: For most misdemeanors not involving violence, weapons, or sex offenses.
2-year waiting period: For offenses under certain chapters of the Texas Penal Code (such as assault, public lewdness, and unlawful carrying of a weapon).

If your probation ended more than two years ago, and the offense doesn’t fall under a disqualified category, you’ve likely satisfied the waiting requirement.

Example: Possession of Marijuana and Straight Probation

Let’s say you were convicted of possession of marijuana (<2 oz) in 2012 in Texas, a Class B misdemeanor. The judge sentenced you to 12 months of straight probation, which you completed successfully by 2013.

✅ The offense was a misdemeanor.
✅ You received straight probation and completed it.
✅ There was no allegation of family violence.
✅ You had no other criminal history.
✅ Your probation ended more than two years ago.

In this case, you are likely eligible to petition the court for nondisclosure under § 411.073. If the judge agrees that sealing your record serves the interest of justice, your record can be sealed from public view.

What a Nondisclosure Does (and Doesn’t Do)

A nondisclosure seals your record from the general public. It will no longer show up on most background checks. However, law enforcement agencies, courts, and certain state licensing boards can still access the information.

Also, it does not erase the record—that’s called an expunction, which is only available in limited situations (such as dismissed cases or not guilty verdicts).

Why This Matters

Even a misdemeanor conviction from years ago can hold you back. A nondisclosure can help you:

Get better job opportunities
Improve housing applications
Restore your reputation

If you’ve completed straight probation for a misdemeanor and want to clear your record, it’s worth reviewing your eligibility.

So... Can I get a straight probation conviction non-disclosed? Yes!