Blog

Home
/
Blog
Back to all article

Record Sealing for Assault Charges in Galveston and Fort Bend

Assault charges don’t have to follow you forever. In Galveston and Fort Bend, many defendants qualify for record sealing through nondisclosure. Learn how to take the next step and regain control of your future with help from a lawyer near you.

Record Sealing for Assault Charges in Galveston and Fort Bend

Conventional wisdom says a criminal record is a permanent stain. But in Texas, that isn’t always true.

Many people who face assault charges—especially first-time offenders in Galveston or Fort Bend—walk out of the courthouse unsure of what comes next. Whether your case ended in dismissal, deferred adjudication, or even a conviction, the path to sealing your record isn’t necessarily closed.

In this post, we challenge the defeatist thinking about life after criminal charges. We show how Texans charged with assault can regain control of their narrative by understanding and pursuing record sealing (also called "nondisclosure"). This isn't just a legal process; it's a personal reinvention strategy.

Let’s take a closer look.

The Problem With an Open Record in Texas

Even if your assault case didn’t result in a conviction, it may still be visible to employers, landlords, licensing boards, and others. In Texas, arrest and court records are public unless a court specifically orders them sealed or expunged.

What does that mean for you?

  • You may lose job opportunities
  • You could be denied housing
  • You might face immigration or licensing consequences

For many, the long-term damage to their reputation is worse than the case itself.

That’s why sealing the record is often as important as defending the case.

The Difference Between Expunction and Nondisclosure

Before diving into eligibility, let’s clarify the terms.

  • Expunction (Tex. Code Crim. Proc. Art. 55.01): This completely erases your record. It’s only available in very limited situations (dismissal, acquittal, or pardon).
  • Nondisclosure (Tex. Gov’t Code § 411.0715): This seals your record from public view but allows access to certain government agencies and licensing boards.

If you received deferred adjudication and successfully completed community supervision, you may be eligible for an order of nondisclosure, even for an assault charge.

Assault and Eligibility for Record Sealing in Texas

The Texas nondisclosure law changed significantly in recent years, expanding access. However, not all assault charges qualify.

Ineligible Offenses for Nondisclosure

Under Tex. Gov’t Code § 411.074, certain offenses are never eligible for record sealing:

  • Family violence assault (if there was an affirmative finding of family violence)
  • Aggravated assault with serious bodily injury or use of a deadly weapon
  • Offenses requiring sex offender registration

Potentially Eligible Offenses

You may be eligible for nondisclosure if:

  • You received deferred adjudication for a misdemeanor assault (not involving family violence)
  • You completed all terms of community supervision
  • Sufficient time has passed (generally 2 years from discharge)

Galveston and Fort Bend County courts follow statewide rules, but local nuances matter. Judges exercise discretion and prosecutors may contest a petition. That’s why hiring an experienced attorney familiar with the specific court’s practices is critical.

How the Record Sealing Process Works

Let’s break down the typical steps involved in pursuing a nondisclosure order in Galveston or Fort Bend:

Step 1: Determine Eligibility

An attorney will review your case to assess whether:

  • Your assault charge is a type that can be sealed
  • The proper waiting period has passed
  • There are no disqualifying criminal history factors

Step 2: File a Petition for Nondisclosure

This petition must be filed in the same court where your case was originally heard. It includes:

  • Your identifying information
  • Details of the original case
  • Evidence that you meet all legal requirements

Step 3: Court Review and Possible Hearing

In some cases, a hearing is set. The judge may want to:

  • Confirm that your offense is eligible
  • Hear objections from the District Attorney’s Office
  • Evaluate whether nondisclosure serves justice and public interest

Step 4: Judge Signs the Order

If granted, the court will issue an Order of Nondisclosure. The clerk then sends notice to the Department of Public Safety (DPS), which notifies relevant agencies.

Once processed, your record is sealed from public view—but remember, it’s not destroyed like an expunction.

Life After Record Sealing: What Changes?

A successful nondisclosure restores much of your life to normal.

You can lawfully deny the existence of the arrest and prosecution in most job applications (Tex. Gov’t Code § 411.0755). However, disclosure is still required when applying for:

  • Law enforcement jobs
  • State licenses (e.g., law, nursing, real estate)
  • Positions involving vulnerable populations (children, elderly, disabled)

Still, for most people, record sealing is life-changing.

Why Local Representation Matters

Galveston and Fort Bend courts, though subject to Texas law, differ in how judges exercise discretion, what timelines they prefer, and how they handle objections from prosecutors.

A lawyer near you who has handled nondisclosure petitions in your specific county can anticipate:

  • Local procedural preferences
  • Which judges are more likely to hold hearings
  • What documentation strengthens your petition

This kind of insight is often the difference between a granted petition and a denied one.

What About Aggravated Assault?

Unfortunately, most aggravated assault charges are not eligible for nondisclosure, especially if:

  • A deadly weapon was used
  • There was a finding of serious bodily injury

However, if your aggravated assault case was dismissed outright, or you were acquitted, you may qualify for expunction instead.

For those who pleaded guilty and received deferred adjudication for an aggravated assault without a weapon or serious injury (rare), you should consult an attorney to explore gray areas in the law.

How Long Does the Process Take?

In most Galveston and Fort Bend cases, the full process takes 2 to 4 months, depending on:

  • Court docket congestion
  • Whether a hearing is required
  • How quickly the DPS and other agencies process the order

Your attorney will be able to provide realistic expectations once the petition is filed.

Thought Leadership: The Bigger Picture of Reintegration

Record sealing is more than a technical fix. It’s an opportunity to reclaim your future.

You’ve already faced the consequences of your past actions. The law gives you a second chance—not just to hide your record, but to break free from the cycle of stigma.

From a thought leadership perspective, this reflects a shift in Texas criminal justice: toward rehabilitation and reintegration, especially for nonviolent offenders.

If you qualify, don’t delay. Your sealed record can:

  • Reopen doors to employment
  • Protect your family’s housing options
  • Safeguard your dignity and privacy

Call to Action

If you're wondering whether your assault charge can be sealed in Galveston or Fort Bend, the answer might be yes—but it depends on the details.

Don’t leave your future up to guesswork. Consult with Walker Law Office, where Attorney Mekisha Walker brings deep knowledge of assault laws and Texas record sealing procedures.

Call us today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule your free consultation with a lawyer near you.

Take the first step toward turning the page.

Related posts

All Articles
No items found.