What Is an “Order of Nondisclosure” in Texas and When Would I Need It?

 Posted on July 22, 2020 in Criminal Defense

You may have already heard about expunctions in Texas. This is when you and your lawyer are able to go to court to wipe your criminal record clean of charges. This is particularly useful to people who do not have multiple offenses and simply want to get that “one bad mistake” removed from their record so they can move forward with their lives. However, getting that “clean slate” that everyone hopes for is not a given; some people do not qualify for it. In those cases, an Order of Nondisclosure might be the right choice. Here is how a nondisclosure order can help you and how you can qualify for one.  

Benefits of a Nondisclosure Order

While getting an Order of Nondisclosure will not wipe your entire criminal record clear, giving you the clean slate you crave, it can still assist in helping you get your life back on track. These orders essentially require records of a specific crime to be sealed from the public, including all information related to:

• The details of your arrest

• The charges against you

• The prosecution of your case

• The results of the trial

While a nondisclosure order does not entirely remove this information from your criminal record, it does prevent anyone outside of the legal system and law enforcement from seeing those charges. This will work go a long way toward getting you the fresh start you need since it means you will not have to disclose anything about those charges on applications for any of the following:

• Employment

• Housing

• Education

• Financial products

In addition, when those same organizations offering you employment, housing, education, or financial opportunities run a background check, the charges under an Order of Nondisclosure will not show up on your record. To the world at large, if you get a nondisclosure order, you do have a clean slate, even if those charges are sealed away on your criminal record somewhere for certain government and law enforcement agencies to see.

How to Qualify for a Nondisclosure Order

As with expunctions, not everyone can qualify for nondisclosure orders. For instance, you need to meet these requirements in order to be eligible for these orders:

• The charge must be eligible (murder, kidnapping, and family violence would disqualify you).

• You received court supervision (deferred adjudication) due to a guilty plea.

• You completed all the requirements of your deferred adjudication.

• There are no other offenses on your record that are ineligible.

• The order is requested at the right time. While misdemeanors can be sealed right away, it normally takes five years for felonies to qualify.

• You had no other convictions or deferred adjudications from different charges while meeting the other requirements.

Keep in mind, though, that a separate nondisclosure order must be filed for every charge you wish to be sealed.

Contact a Fairview Nondisclosure Order Attorney

Depending on the criminal offense, you may qualify for an Order of Nondisclosure. If you believe that you could really benefit from this type of order, consult a skilled Plano criminal defense lawyer. The skilled team at the Law Offices of Biederman & Burleson P.L.L.C. can expeditiously and effectively process both expunctions and nondisclosure orders so that you can get the fresh start that you deserve. Call us today at 469-333-3333 to schedule your free consultation.

Sources:
https://www.txcourts.gov/media/821650/order-of-nondisclosure-overview.pdf
https://guides.sll.texas.gov/expunctions-and-non-disclosure
https://www.tdcaa.com/journal/now-what-a-guide-to-the-new-nondisclosure-law/