WHAT IS AN ORDER FOR NON-DISCLOSURE?
When a person successfully completes their term of deferred adjudication for Class A and B misdemeanors despite their “charges being dismissed”, they will remain on their criminal record and open for public view. An Order For Non-Disclosure is a very important tool to prevent disclosing information on these offenses to the public including employers, housing authorities and educational institutions.
AM I ELIGIBLE FOR NON-DISCLOSURE?
You are eligible for an Order of Non-Disclosure provided that you’ve:
- Successfully completed the terms of your deferred adjudication for Class A & B misdemeanors (expect for those misdemeanors listed below).
- Weren’t convicted and or placed on deferred adjudication for another offense while completing the deferred adjudication for which the order of non-disclosure is requested including the waiting period.
NEW TEXAS DWI RECORD CLEARING LAW:
As of September 1, 2017, DWI offenses can be eligible to be cleared via an Order For Non-Disclosure under the following circumstances:
1. First time DWI offense.
2. Blood Alcohol Concentration (BAC) was less than .15.
3. Never placed on probation and or confinement for any other offense other than a traffic ticket.
4. Successfully completed DWI sentence and paid all fines, costs and restitution.
5. The DWI offense didn’t result in an accident involving a 3rd party.
Waiting Periods: If one meets the above criteria, the following waiting periods are required to elapse: 2 years following the completion of the sentence if required to have an interlock device installed in a motor vehicle for at least 6 months. 5 years following the completion of the sentence if no interlock device was required.
The following misdemeanors offenses are not eligible for non-disclosure:
- Cases against family violence
- Endangering OR Abandoning a Child.
- Injury to a child, elderly and disabled
- Any offense that requires registration as a sex offender
*** If you were convicted and or were placed on deferred adjudication for any of the below offenses, you’ll never be able to receive an order of non-disclosure for any future offenses that you’d initially be eligible for. These offenses include:
- Aggravated kidnapping
- Violation of court orders and protection orders.
WHAT IS WAITING PERIOD TO FILE FOR NON-DISCLOSURE?
For most Class A & B misdemeanors, you’re eligible for file for non-disclosure upon successful completion of your deferred adjudication. The following offenses will require a 2 year waiting period following completion of deferred adjudication to be eligible:
- Deadly conduct
- Unlawfully carrying a weapon
- Sexual offenses
- Offenses against families
- Criminal non-support
- Interference with 911 call
- Public lewdness
- Terror threat
- Violation of Protective Order
- Cruelty to animals.
CAN ANYONE VIEW YOUR RECORD FOLLOWING AN ORDER OF NON-DISCLOSURE?
While your record will be sealed from public access there are various State of Texas agencies that can still view the record. These agencies include:
- Law enforcement agencies
- Texas Department of Licensing and Regulation
- State Board For Educator Certification
- Texas Board of Nursing
- Health and Human Services Commission
- School Districts, private and charter schools
- Texas Department of Aging and Disability Services
- Texas Department of Insurance
***Despite many Texas occupational licensing boards still having access to the deferred adjudicated offenses, we believe that by procuring an order for non-disclosure will look favorably upon the applicant when applying and or renewing their respective occupational licenses.
HOW LONG DOES THE PROCESS TAKE TO OBTAIN AN ORDER OF NON-DISCLOSURE?
Once the petition for an order of non-disclosure is filed it may take the court 4-6 months to issue the order. The specific amount may depend on the county where the petition is filed.
Per the Texas Government Code 411.081, the clerk of the court issuing the order of non-disclosure must notify the Crime Records Service of the Department of Public Safety within 15 business days of the order being issued. In turn, the Department of Public Safety must seal this information within 10 days of receipt of this information. The Department of Public Safety must then send information contained in the order to appropriate authorities. Authorities receiving such information then have 30 business days to seal this information.
PLEASE CALL THE LAW FIRM OF RON BARON FOR A FREE CONSULTATION to discuss your eligibility for NON-DISCLOSURE. If eligible, we’ll be glad to represent you to obtain an Order For NON-DISCLOSURE in a very cost effective manner.