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Texas Order Of Non-Disclosure FAQFrequently Asked Questions


This page was designed to help our clients better understand our Texas Order of Non-Disclosure service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.

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Comments:

Jennifer

07/10/2014 08:22 pm

With sealing a record what is the possibility of working with a state, county or city agency?

MathewHigbee

07/11/2014 06:27 pm

In general, yes. But a more precise answer will depend on the job duties, who the employer is and how related your sealed criminal record is to the duties of the job. One of the FAQs above on this page lists the agencies that can access sealed records. While some government agencies can access sealed records in Texas, most cannot. Therefore, the sealed record would not cause problems when seeking most (but not all) state, county or city jobs.

Eric-Erock Murphy Michael

07/15/2014 02:20 pm

What if I got time served, but didn't finish probation and its been over 10 years?

MathewHigbee

07/16/2014 08:24 pm

It sounds like your only option is to apply for a pardon. If granted, you can then have your record expunged. An order of non-disclosure is only possible if a person receivers deferred adjudication and successfully completes the sentence.

Elizabeth

07/21/2014 09:05 pm

I was charged with theft in 2011,completed my probation and filed for an order of non disclosure. The judge signed it and it was granted, but apparently it did not go through? I have recently moved to CO and it keeps coming up on apartment applications and job application bavkground checks. I have my case number, called the county clerk in order to get a copy of the signed order, but I am having some difficulty. I don't know what to do.

Marie

08/04/2014 12:11 am

If I sign a background consent form...am I essentially giving permission for the state to release my criminal record even though I have an order of nondisclosure?

Jenna Thorne

08/04/2014 06:51 pm

It sounds like you are referring to a general consent form that an employer is required under the law (Fair Credit Reporting Act) to have you sign before running a background check on you for potential employment. Signing that sort of general consent to a background check does not change the type of information that can legally be disclosed to a specific employer. Therefore, for the average private employer, your case should not appear or be released to them; however, certain agencies and types of employers may have access to your case information even though your have received an Order of Non-Disclosure. Signing the form should have no effect on what is being released, for a list of the agencies that will receive information on a case that has been sealed please see the last section of questions and answers above.

Marie

08/05/2014 03:44 am

Thank you Jenna for your response. I have ran my own bg check through the Texas DPS and nothing appears, however I was reading a blog online that suggested that everyone should check Publicdata.com and when I did a sample check my name did appear, I couldn't see the details unless I paid their fee. I'm thinking that these private bg check companies are preventing me from getting employment, as I have had excellent interviews where I was told they were creating a position for me because they were that interested, only to hear nothing or receive the standard "they decided to go with another candidate" after signing the consent form. Does your expedited record clearance include this particular company?

Neci

08/18/2014 06:01 pm

I was granted an order of nondisclosure in Texas signed by a judge and currently seeking employment in MS. I am still having issues with background checks applying for allied health jobs. Is there nothing I can do when the problem happened back in 2005?

cristian

09/03/2014 03:23 am

I am trying to own a firearm and I have successfully completed deferred adjudication in TX and I was wondering if I could buy a gun and if I would have any problems with 4473 form.

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