Understanding Orders of Non-Disclosure in Texas: What You Need to Know

In Texas, having a criminal record can create significant barriers to employment, housing, and other opportunities. For individuals who have been convicted of a crime but have completed certain requirements, the state offers a legal mechanism known as an “Order of Non-Disclosure.” This legal tool can be life-changing, allowing people to move forward without the shadow of their past mistakes hanging over them. But what exactly is an Order of Non-Disclosure, and how does it work? 

What Is an Order of Non-Disclosure?

An Order of Non-Disclosure is a legal order issued by a court that prohibits public entities, such as police departments and courts, from disclosing certain criminal records to the public. Essentially, it seals your criminal record from public view, though it does not completely erase it. This means that while the record still exists and can be seen by certain government agencies, it is not accessible to employers, landlords, or the general public.

This order is particularly beneficial for individuals who have completed deferred adjudication—a form of probation where, upon successful completion, the case is dismissed and not considered a conviction. However, the arrest record and court records are still public unless an Order of Non-Disclosure is granted. If you believe you may be eligible, consulting with an experienced attorney, like David Breston, a non-disclosure attorney in Houston, can help ensure that your rights are protected and that you have the best chance of successfully obtaining the order.

The Benefits of an Order of Non-Disclosure

Obtaining an Order of Non-Disclosure can significantly improve your quality of life by limiting the public’s access to your criminal history. Here are some of the key benefits:

1. Improved Employment Opportunities: Many employers conduct background checks as part of the hiring process. With an Order of Non-Disclosure, your sealed records won’t appear in these checks, increasing your chances of obtaining a job.
2. Better Housing Options: Landlords often perform background checks on potential tenants. An Order of Non-Disclosure prevents them from seeing certain criminal records, which can make it easier to secure housing.
3. Enhanced Privacy: The order limits the public’s access to your criminal history, giving you greater control over your personal information and helping you avoid potential discrimination.
4. Peace of Mind: Knowing that your past mistakes won’t define your future can be a significant relief, allowing you to move forward with your life without constant reminders of your criminal record.

Eligibility Criteria for an Order of Non-Disclosure in Texas

Not everyone is eligible for an Order of Non-Disclosure. Texas law has specific criteria that must be met, including the type of offense and the completion of certain conditions. Here’s what you need to know:

1. Deferred Adjudication: To be eligible for an Order of Non-Disclosure, you must have successfully completed deferred adjudication probation. This means that after pleading guilty or no contest, the judge deferred the finding of guilt and placed you on probation. Upon successful completion, the charges were dismissed, but the records remained.
2. Waiting Period: Depending on the offense, there may be a mandatory waiting period before you can apply for an Order of Non-Disclosure. For example, for most misdemeanors, you can apply immediately after completing probation. For certain felonies, you may have to wait up to five years.
3. No Subsequent Convictions: To qualify, you must not have been convicted of or placed on deferred adjudication for another offense during the probation period or the waiting period.
4. Offenses That Are Ineligible: Some crimes are ineligible for an Order of Non-Disclosure, including family violence offenses, certain sexual offenses, aggravated kidnapping, and offenses requiring registration as a sex offender.
5. Payment of Fines and Restitution: All court-ordered fines, fees, and restitution must be paid in full before you can apply for an Order of Non-Disclosure.

The Process of Obtaining an Order of Non-Disclosure

Obtaining an Order of Non-Disclosure involves several steps, and it’s often advisable to seek legal assistance to navigate the process successfully. Here’s an overview of the process:

1. Determine Eligibility: The first step is to determine whether you are eligible for an Order of Non-Disclosure. This may involve reviewing your criminal record and the details of your deferred adjudication.
2. File a Petition: If you are eligible, the next step is to file a petition for an Order of Non-Disclosure in the court where your case was heard. The petition must include detailed information about your case, including the offense, the outcome, and why you believe you are eligible.
3. Serve Notice: After filing the petition, you must serve notice to the appropriate parties, including the district attorney’s office. They have the right to contest your petition.
4. Court Hearing: In some cases, the court may schedule a hearing to consider your petition. At the hearing, you or your attorney will present your case, and the prosecution may argue against it. The judge will then decide whether to grant or deny the order.
5. Order Issued: If the judge grants the Order of Non-Disclosure, it will be issued and sent to various state agencies, which will then update their records to reflect the order.
6. Record Sealed: Once the order is issued, the relevant criminal records will be sealed from public view. However, certain government agencies, such as law enforcement, may still have access to the sealed records.

Limitations and Exceptions

While an Order of Non-Disclosure can seal your records from public view, there are some important limitations and exceptions to be aware of:

1. Government Access: Certain government agencies, including law enforcement, licensing boards, and schools, may still access sealed records. This means that while the general public and most employers won’t see the records, they may still be available in certain situations.
2. Federal Background Checks: An Order of Non-Disclosure does not remove records from federal databases. This means that federal background checks, such as those required for military service or certain jobs, may still reveal your sealed records.
3. Subsequent Offenses: If you commit another crime after receiving an Order of Non-Disclosure, the sealed records may become accessible again, and the order may be revoked.

Conclusion

An Order of Non-Disclosure can be a powerful tool for individuals seeking a fresh start after a criminal conviction in Texas. By sealing certain criminal records from public view, it provides a path to improved employment, housing, and overall quality of life. However, the process of obtaining an Order of Non-Disclosure is complex and requires careful attention to legal details.