ORDER OF NON DISCLOSURE
You should not let your past mistakes get in the way of having a successful future. A criminal background check can limit your future employment possibilities, obtaining a loan, a job, an apartment, etc. The Law Offices of Carl David Ceder, PLLC, can help you seal your records so you can proceed on with your life by helping put your past behind you. Our office is dedicated to resolving cases in a way that helps allows our clients to significantly minimize the damage caused by past criminal cases. It is our goal in every Non-Disclosure case we handle to effectively “seal” the records from public view, thereby eliminating the avenue with which most agencies can obtain and view your past criminal record. It basically “seals” the record from public view.
What is an Order of Non-Disclosure?
A non-disclosure order prevents public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from disclosing certain criminal records. If you have a criminal record, you may benefit from obtaining an order of non-disclosure. A non-disclosure order legally shields you from divulging your criminal history in response to questions you were asked on job applications. You are not required to disclose information related to an offense that is the subject of an order of nondisclosure. An Order of Non-Disclosure is authorized pursuant to Texas Government Code Section 411.081. Following the granting of an Order of Non-Disclosure, the past criminal records can only be disclosed to you, or to a criminal justice agency (only government entities would have access). This is most used in relation to when someone may get prosecuted again for another crime in the future. The DA’s Office would most likley be able to see how you successfully completed Deferred Adjudication Probation on criminal history when evaluating your background.Take note of the fact that an order of nondisclosure applies to a particular criminal offense. The order does not apply to all offenses that may be on your criminal history record, but you may obtain multiple orders of non-disclosure for multiple offenses. As mentioned above, an order of non-disclosure prohibits entities holding information about a certain offense on your criminal history record from disclosing that information. This is a general rule. There are exceptions. Certain state agencies may still obtain information concerning an offense that is the subject of an order of nondisclosure.An Order of Non-Disclosure is an order from the court requiring that the Texas Department of Public Safety (DPS) seal all criminal records related to a past criminal offense where Deferred Adjudication Probation was successfully completed.
Texas Non-Disclosure of a Criminal Record Clearing Attorney
Anyone who has been placed on deferred adjudication through probation or community supervision will likely be able to conceal their criminal record by sealing it or requesting an order of non-disclosure under section 411.081 of the Texas Government Code. If an individual has been placed on deferred adjudication and they subsequently receive a discharge or a dismissal of their criminal charges, they are eligible to petition for nondisclosure and have their criminal record sealed. After an individual has had their criminal record sealed, they do not have to disclose they were involved in any criminal proceeding on any application for employment, application for licensing or application for educational admissions.
Texas Non-Disclosure Eligibility
A felony offender may be eligible to petition for a non-disclosure of their criminal record five years after completing their deferred adjudication probation or community supervision. A misdemeanor offender may be eligible to request a non-disclosure immediately after they complete a period of deferred adjudication community supervision. In other cases, a misdemeanor offender will be required to wait a period of two years before filing a petition for non-disclosure. Offenses requiring a two year waiting period can include, but are not limited to: assault, harassment, indecent exposure, unlawful carrying of a weapon or unlawful possession of a firearm.
An individual will not be eligible to file a petition for non-disclosure if they have been charged with certain offenses that include, but are not limited to:
Aggravated Sexual Assault
Indecency with a Child