Texas Nondisclosures

An Order of Nondisclosure is a judicial order that seals from the public all records related to a Texas criminal arrest and prosecution. Getting your record nondisclosed won’t make the records go away entirely, as law enforcement and certain public and quasi-public agencies will still have access to the records. But obtaining an Order of Nondisclosure may help you get jobs, qualify for apartments and live more happily.

If you are ineligible for an expunction, you may still be able to remove your Texas criminal history record information from public view by filing a petition for nondisclosure to seal your criminal records if:

• You pleaded guilty or no contest to a Class B misdemeanor or greater offense and were placed on “deferred adjudication” probation;
• You successfully completed your “deferred adjudication” probation; and
• During your probationary period (and during any applicable “waiting period”), you were not convicted of or placed on “deferred adjudication” for any offense other than a traffic offense punishable by fine only.

The “waiting period” for all felony offenses is five years from the date of the dismissal of your criminal case. For certain misdemeanor offenses, including, but not limited to, unlawful restraint, assault, deadly conduct, disorderly conduct, or weapons offenses, there is a two-year “waiting period” after the expiration of your “deferred adjudication” probation. However, there is no “waiting period” for most misdemeanor offenses for which an individual has served a term of “deferred adjudication” probation.

In Texas, an individual must obtain a pardon from the Governor prior to attempting to expunge a conviction. Pardons are infrequently issued in Texas. However, a recent change in Texas expungement law now allows certain misdemeanor convictions to be sealed through the issuance of an order of nondisclosure.Surprisingly, a special provision in the new law even allows some individuals to “seal” a first offense misdemeanor DWI conviction in certain instances and have their DWI conviction records removed from public view. In general, to be eligible to seal your misdemeanor conviction in Texas, you must have no previous convictions or “deferred adjudications” for any other offenses other than a minor traffic offense punishable by fine only.

An order of nondisclosure restricts the general public from having access to your sealed Texas criminal records. In addition, under Texas law, an order of nondisclosure allows to you to deny that you have been the subject of a sealed criminal proceeding in any application for employment, information, or licensing.

Moreover, after sealing your Texas criminal records, background screening companies must immediately destroy their records and cannot release records related to your sealed criminal proceeding on a routine background check for housing or employment purposes. If you believe you are eligible for an expunction or an order of nondisclosure, please contact J. Horn & Associates, P.C. today at 832.633.0213 to schedule a free telephone consultation.