Are you interested in erasing your past criminal history? Call our office and see if your case qualifies for an expungement. You may be entitled to a record expungement and/or a non-disclosure. However, if you have not taken steps to remove an arrest from your record, potential employers may still be able to see your old criminal history. Call us at 210-920-2535 for a free consultation.
You are ineligible for an order of nondisclosure if you have ever been convicted of or placed on deferred adjudication for any one of the following (this includes the offense for which the order of nondisclosure is requested):
- an offense requiring sex offender registration under Chapter 62, Code Crim. Proc.;
- an offense for Aggravated Kidnapping, regardless of whether the offense is a reportable conviction or adjudication
- an offense under any of the following sections of the Penal Code:
- 02 (Murder);
- 03 (Capital Murder);
- 02 (Trafficking of Persons);
- 03 (Continuous Trafficking of Persons);
- 04 (Injury to a Child, Elderly Individual, or Disabled Individual);
- 041 (Abandoning or Endangering a Child);
- 07 (Violation of Court Orders or Conditions of Bond in a Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case);
- 072 (Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking Case); or
- 072 (Stalking); or
- any other offense involving family violence, as defined by Section 71.004, Family Code.
Limit Accessibility to your Criminal Record
A nondisclosure order does not completely destroy all record of any offense, but will limit the accessibility of the records. Records subject to a nondisclosure order are removed from public record and cannot be released or accessed by certain private parties. However, the records will remain available to government agencies and will be admissible in certain court actions. Under the Government Code §411.081, a person who has successfully completed deferred adjudication and received a discharge and dismissal of the deferred adjudication may apply for a nondisclosure order.
How Long Do I Have to Wait to Apply?
In addition to successful completion of probation or deferred adjudication, an individual must meet certain criteria in order to qualify for a nondisclosure order. For example, a person cannot apply for a nondisclosure order until after the statutory waiting period has passed. During that time, the applicant cannot have been convicted of any other offenses. The waiting time varies anywhere from 0 to 10 years depending on the offense.
What is the Process like?
The process for obtaining an Order of Nondisclosure is substantially similar to obtaining an Order for Expunction. A petition must be filed with the court that was involved with the original offense. A hearing will be conducted after proper notice to the required parties and the court will determine, at that time, whether to grant the order. It should be noted that the court generally has more discretion to decide whether or not an Order for Nondisclosure should be granted than a judge would when an expunction is requested. The judge will deny the order if justice would not be served by granting the order.
Information provided by the Texas State Bar and The Texas Young Lawyer’s Association. If you still have questions regarding what you need to disclose on a job application, school application, or background check, Call Clarissa Fernandez Pratt, Attorney at Law at 210-920-2535.