Texas Order Of Non-Disclosure FAQFrequently Asked Questions


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Topic: Texas Order of Non-Disclosure - FAQ | RecordGone.com
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Sandy
26th October 2015 6:38pm
I had a Class B Misdemeanor Thedt by check charge back in 2002. It was deferred adjudication but I missed the last court date. In 2009, 7 years later it shows a notion to adjudicate guilt and it appears to have been reversed but there is no warrant. I think. Can I get a non-disclosure for a job that said if I file for a sealed record, they will hire me? I need to file by next month.
Admin:
Without seeing what the court records reflect for the final disposition of your case, we cannot accurately tell you if you are eligible for a nondiscloure.  If you have the records, please run through the eligibility test.  If you would like to sign up for case research so we can review the records for you to help determine eligibility, contact our office, we would love to help.  Thank you.
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Chris
4th October 2015 3:00pm
Hello, is the 5 year waiting period for felonies universal for petition for non disclosure? I was arrested for possession of a controlled substance, under 1 gram. 2 year state jail felony. I am currently on 2 years of probation as it was a deferred adjudication. Once this is complete, is there any possibility of not having to wait the 5 years? This arrest has had catastrophic consequences in terms of career and earning ability, and I have a newborn daughter. Very stressful! Any insight is appreciated!
Admin:
Unfortunately, the five year waiting period for an order of nondisclosure for a felony offense is a statutory requirement and there are no exceptions under the current law.  You would be eligible to have the offense sealed five years after the case has been discharged and dismissed (completion of the deferred adjudication).
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Angelica C.
1st October 2015 9:56am
I caught a theft case last year October 2014 and did 6 months probation. I completed everything by August 10th. I filed a petition for nondisclosure, and I went to court on September 14 and the judge granted it. How long does it take for my background to clear so I can start applying for jobs?  I checked my background online through the Harris county district clerk website and nothing showed up. But when I applied for security job my background came up.
Admin:
Congratulations on having your case sealed.  But I am sorry to hear it is still causing problems for you. There are certain agencies that will continue to have access to your case; however, an even bigger problem is that private background check companies that are used by the majority of employers just simply have not updated their records. They pull data from the state agencies/courts every so often but they are not notified when an individual case has been sealed. Therefore they will continue to disclose the information until they receive notification that the case has been granted an order of nondisclosure.  For more information and to sign up for a service that we offer desgined to assist with this exact situation, please visit our Expedited Record Clearance Update page.
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Danetria
29th September 2015 11:20pm
I was placed on deferred adjudication back in June of this year. The judge sentences my probation time for 4 years so that\'ll give me time to pay my fees in full. If I pay my whole amount will I be able to get my record sealed? I never failed a drug test or anything. Will I also be able to get early termination? So I can get a job
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James
8th September 2015 4:59pm
In 1989 I was charged with unauthorized use of a motor vehicle in Denton Texas.I was placed on adjudicated probation for 5 years. I was actually living in NC at the time and after the court case was heard, I was released on probation and allowed to return to NC where I had a probation officer and made regular visits and paid my fines. I followed the program, paid all of my fines and reported to my officer as directed and never missed a beat. One day towards the end of my probation, several law enforecement officers came to my home with a Texas State Marshall. They arrested me and sent me back to Texas with the Marshall where I was told that I left the state of Texas unlawfully on my probation and that I was never given permission to go back to NC. This was an all out lie, my lawyer told me that he knew this was untrue. He was the same lawyer I had before. I sat in jail for 11 months, the judge gave me time served and stuck me with the felony, Denton knows they lied and falsely ... Read More
Admin:
I am sorry to hear about how your case was resolved. Without reviewing your case documents, it is difficult to say what can be done at this time. If you originally received deferred adjudication which was later revoked, you unfortunately would not likely be eligible to set aside the conviction. A lot of time has passed at this point for you to try to get the conviction reversed or overturned, and I am assuming if there was any documentation proving you were permitted to go to NC that would have been brought up at the time by your attorney.  However another option would be to apply for a pardon. Our office does not offer pardons in Texas. If you would like us to look more fully into your case to determine if you are eligible for any of the services we offer, please contact our office or you can try completing our online eligibility test.
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Tammy
8th September 2015 8:16am
I filed for a non-disclosure back in July of this year in Texas. The DA approved it on their end over a month and a half ago but I have heard nothing about it being approved by the judge. I read that a hearing should be scheduled within 45 days of the order. Does this mean it may have been denied on the judges end and would I even get notification of that denial or should I re-file again?
Admin:
You should hear back from the court once a decision has been made, regardless of whether it was granted or denied. You can contact the court to get a status update and see where the petition stands currently, whether a hearing has been/will be scheduled, etc.  Before refiling, I would definitely advise you to follow up with the court to determine what's happening. If it was approved by the DA, that is a great sign that it was properly filed and you should receive a decision by the court soon.  Thank you.
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Amber
1st September 2015 1:54am
Hi. I had a deferred adjudication probation released in 2002. It was a class B misdemeanor for harassment, so it can't be expunged. I'll file the non disclosure. Can I do this w/o an attorney and how do I know which agencies to inform other than the ones the court contacts? Also, will I have to face the same judge who was so mean 13 years ago? She's still a judge but not sure if in the same courtroom. Thanks for any guidance.
Admin:
You can file without an attorney; however, an attorney can help ensure that the petition is filed properly and also that all agencies are notiified that should be. Generally speaking, you just want to make sure all agencies that have or might have records from your case receive the order.  Additionally, you can update private background check companies.  For more information, see our Expedited Record Clearance Update page.  It is possible the petition will be heard by the same judge, but it is not required that she rule on this petition. It will likely depend on how that specific courthouse assigns the Petitions for Orders of Nondisclosure among the judges in that court.
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Amber
2nd September 2015 5:19pm
Thank you for the helpful information. I was quoted $1200 by an attorney to handle this for me. Do you know if this is an average range or if there are legal assistants or "cleaning" services that can handle it for cheaper? It's worth it, but outside of my ability to pay. Thank you!
Admin:
You are welcome. The quote you received from another attorney seems like a reasonable fee for this service. You may be able to find a non-attorney company to handle it for much less, but often all they will typically do is fill out or provide the form to you. They are not attorneys and therefore will not be able to represent you in court or deal with any objections that may come up. We charge $995, plus filing fees, and we will handle all aspects of the process for you. If you would like to discuss payment plan options with us, please call our office and we can work with you as best we can. Alternatively, you can represent yourself by completing and submitting all the required paperwork yourself. If a licensed attorney is just not an option, I would advise taking the time to do it yourself rather than paying someone that is not a licensed attorney.
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Trisha
28th August 2015 12:39pm
I have a theft charge misdemeanor B, but once I get the nondisclosure can I still get my license to become a dental assistant?
Admin:
According to the Board of Dental Examiners and TX law, you are not required to disclose a case that has been granted an order of nondisclosure.  

Under the nondisclosure law, the Board should not be able to access information on the case because they are not one of the specific agencies listed in section 411.081(i). The Board states on one of their forms available online that they can access the case information. But you will not be required or expected to disclose the case on the application. If they do receive information on the case as part of the licensing process, at that time you can explain the case to them including the fact it was granted the nondisclosure and the existence of the record itself would not preclude you from obtaining the license, it would just be one factor of many they can consider.
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Maria
20th August 2015 8:06am
Does a juvenile record need to be disclosed even if it is sealed?
Admin:
No, you do not need to disclose a sealed juvenile record.  For more information on juvenile records, please see our Texas Juvenile Record Sealing FAQs.
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Marina M.
4th August 2015 8:18am
How long does it take for a nondisclosure seal to take effect?
Admin:
I believe the answer to your question is above. Once the court grants the sealing, the court records should be updated within 48 hours and the other state agencies, including the Department of Public Safety, should update their records within 1-2 months. If you are interested in a service to help ensure private background check companies have updated information, please see our Expedited Record Clearance Update page.
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Alexis
28th July 2015 9:03am
Hello, I plan on becoming certified as a teacher. Thanks to your website I now know they TEA can pull my sealed misdemeanor. But how should I answer the questions regarding criminal backgrounds on employment applications for school districts? They specifically ask about deferred adjudication. However, with a sealed record, I was advised I can answer no to these questions. If I answer no, will it be considered as deceitful?
Admin:
This is going to be entirely up to the discretion of the hiring district and how you think it is best handled. If the application does not request sealed cases, then you are correct that you can answer no but that they may likely find it on a background check. Knowing this in advance, it is then up to you whether you think it is better to give them the information about the case and the sealing in advance to get out in front of it or wait and explain it later if it is brought up. You can definitely explain away why it was not disclosed and argue you were not trying to deceive them but if you are concerned about that you could provide the information, including the fact it was sealed by the court, initially.
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Angel V.
3rd July 2015 2:07pm
Is it illegal for an employer or anybody to disclose the motion of nondisclosure? I mean still have acces to your background after the motion of nondisclosure has been granted?
Admin:
Most employers will not have access to your background after an order of nondisclosure has been granted, and you do not need to disclose the sealed case any longer.  However, certain agencies and types of employers may be granted access to the information. That list, of instances when the information may be disclosed, is provided above in the section "Updating of Records..."  Please contact us with any additional questions or if you are interested in having your case sealed.
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cgnii
13th May 2015 3:15am
I received an Order for Release from Probation (Deferred Adjudication) in 2003.  In 2012, I had an FBI criminal record check done for myself and it showed these cases. If I file a Motion for Order of Nondisclosure and the court issues the order, would that record be eliminated from the FBI criminal history check? Or does this only affect state agencies?

Admin:
The FBI is not required to comply with an order issued by a state court regarding the expungement or sealing of a criminal record; however, the FBI does comply and remove the records except in extremely rare instances. The DPS will send notice of the sealing to the FBI at the time they receive the order and FBI compliance will follow.
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Jonathan S.
10th May 2015 4:04pm
I was charged with Arson felony 2. I plead guilty and served 8 years probation. Will an order of non disclosure help me own a firearm? I have no assaults or family violence on my record.
Admin:
If you were convicted and did not receive deferred adjudication, you are most likely eligible for a set aside in TX but not an order of nondisclosure.  Please take our eligibility test to determine if you are eligible for a set aside.  A set aside could help you restore your gun rights lost as a result of the conviction.
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Yvonne
28th April 2015 10:50am
I completed my probation for a misdemeanor theft charge in the state of Texas when I was 17. I am 23 now and was granted nondisclosure. Can I obtain an insurance license?
Admin:
The Texas Department of Insurance will be able to view your sealed record. I am unsure if your prior conviction will prevent you from being granted a license, but they are one of the state agencies that will still have access to your case following an order of nondisclosure.
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Alisha H.
1st April 2015 7:18pm
Does a second judge have to sign a nondisclosure in Texas? If so, how long does that take?
Admin:
I am not sure I fully understand your question, but no, generally one judge will hear and decide the application for an order of nondisclosure in Texas.  The timeframe is listed above, but varies greatly depending on the county. Please feel free to call our office to ask about your specific case and the current timeframes we are experiencing in specific counties.
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Russ R.
24th February 2015 4:42am
I was involved in a drug case and received three charges, 2 misdemeanors and 1 Felony Possession.  I received Deferred adjudicated Probation. Both Judges advised that I could receive an Order of ND once completed, but I was convicted of the Felony 1 week and then convicted of the Misdemeanors another week after that. Even though these three charges all occurred at the same time, would it prevent an Order of Non-Disclosure due to being convicted at different times?
Admin:
It will all depend on the exact way your case(s) were handled by the court.  Because they were all from the same incident, you should be able to get them all granted.  But what will affect how easy it is to get that relief is whether the convictions were entered under the same case number (just at different times) or if you have two completely separate cases through the court.  Please contact us and we can begin case research for you to determine how to get those records sealed.
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Magna
12th February 2015 5:54pm
I have an order of nondisclosure for something that occurred in 2003. May I deny the incident on my application to work at an investment bank. The charge was not involving theft, dishonesty, etc.
Admin:
Yes, on any employment application you can deny the incident if you've received an order of nondisclosure. As mentioned above, certain types of offenses may appear to financial institutions as required by the FDIC; however, if your offense was unrelated to theft or dishonestly this should not pose a problem for you and you can safely deny the case.
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Trace
25th January 2015 6:58pm
I am applying for jobs at the TX State Health and Human Services Dept. I was granted an Order of Nondisclosure in 2009. When asked about any criminal history, should I say no, or should I describe my offense since this is an agency with access to offenses that have an Order of Nondisclosure?
Admin:
Under the TX order of non-disclosure statute, you do not need to disclose this case when applying for employment, but as you referenced certain agencies, including the Department of Health and Human Services, will be able to view this record.  It is therefore a personal decision, in your discretion, as to whether to disclose this up front.  I would typically advise doing so. If you believe a check will be run on you, it is better to get out in front of this discussion and provide documentation of the Order of Non-Disclosure, rather than have the appearance that you were trying to hide something and be forced to explain it after it is discovered by them.
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T
25th January 2015 12:16pm
So I recently was granted an order of non disclosure for a deferred adudication. It was feb of 2014. I recently used two websites to check my background and the misdemeanor class A charge came up. Did it not work? And another question. For jobs like a doctor, I could still put "no" if it asks if I've ever had a defered adjudication.
PLEASE help me!
Admin:
It sounds as though your order of non-disclosure was granted and processed by the court and law enforcement agnecies, but it is not yet been updated by private background check companies.  Unfortunately, they do not update their records as often as they should and can continue to report outdated, inaccurate information.  We offer a service designed to help combat that problem.   Please read more about our services here: http://www.recordgone.com/expedited-record-clearance-update.htm

With regards to your second question, generally, you can deny the case/not disclose it on applications.  However, it is important to know that your records can be disclosed to the Medical Board, among other agencies, for "regulatory licensing purposes."

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Aaron
20th January 2015 12:07am
So when applying for the Board of Physical Therapy, if I obtain a non-disclosure. I can answer "no" to the question, "have you ever been arrested?" Eventhough the board will see that I was arrested but obtain a non-disclosure.
Admin:
That is correct.  Plus, the record is viewed more favorably if it is sealed under an order of non-disclosure.
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Leann
12th January 2015 11:49am
Regarding issues with having your charge show up online for others to see after you have been granted a nondisclosure. From my understanding when the judge grants you the non disclosure you can legally deny it, be it an employer or whomever. I am helping a friend of mine with the same issue, you have to help yourself and do your homework. Learn the law, especially the local laws of where the incident took place. I hope this helps.
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Jimmy
5th January 2015 9:20pm
I am thinking about becoming an accountant and maybe getting my CPA (Certified Public Accountant). Will the non-disclosure help me?
Admin:
It will help insofar as it shows the licensing authority that you have done all you can at a judicial level to put the case behind you.  That being said, the licensing authority may still have access to the case.  See the list above for agencies that can view records that are subject to an order of non-disclosure.
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leah
28th December 2014 11:40am
I have a deferred drug charge and was wondering if that is the same thing as an order of non-disclosure? I was just in the wrong place at the wrong time and the charge is preventing me from getting a job.
Admin:
A deferred drug charge is not the same thing as an order of non-disclosure.  However, many deferred cases are eligible to receive an order of non-disclosure (record sealing).  Being \"deferred\" refers to the disposition of the case.  An order of non-disclosure is a form of relief that can be granted by a court.
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J
8th November 2014 6:21pm
Must I file in the same place that I was arrested in or can a lawyer in a different city do it?
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MathewHigbee
14th November 2014 6:39am
You must file in the same county where your case occurred.
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Tom
3rd November 2014 4:54pm
I have obtained an order of non-disclosure (record sealing) that has been granted by a judge. However if I was to google my name, the charge that I received a non-disclosure for is still showing up on local online newspaper websites. Is this legal? Or is there something that I can do to stop this? Please Help!
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MathewHigbee
3rd November 2014 6:00pm
Yes it is legal. The court order of non-disclosure does not apply to news stories. Reporting of news receives First Amendment protection. However, you may want to contact the publisher and explain your situation. The publisher may see fit to remove the story or redact your name.
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cristian
3rd September 2014 3:23am
I am trying to own a firearm and I have successfully completed deferred adjudication in TX. I was wondering if I could buy a gun and if I would have any problems with the 4473 form.
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Neci
18th August 2014 6:01pm
I was granted an order of nondisclosure in Texas that was signed by a judge and I am currently seeking employment in MS. I am still having issues with background checks when applying for allied health jobs. Is there anything I can do? The problem happened back in 2005.
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MathewHigbee
3rd January 2015 8:15am
The order of non-disclosure does a great job of concealing the records from the public and most government agencies. However, the order does allow some government agencies (like schools, and hospitals) to have access to the records. This FAQ contains the list of the agencies that are exempt from the order.
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Cheyenne
26th April 2015 7:28pm
I am also applying for a job in the medical field? How is it working out for you? Are you still getting denied?
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Marie
4th August 2014 12:11am
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?
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Jenna Thorne
4th August 2014 6:51pm
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.
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Marie
5th August 2014 3:44am
Thank you, Jenna, for your response. I have run my own background 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 appeared. I couldn't see the details unless I paid their fee. I'm thinking that these private background 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?
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Alisha H.
29th April 2015 12:10pm
I recently had my nondisclosure order signed and yes I ordered a background check through publicdata.com and my background still showed and it displayed that the TEXAS DEPT OF CRIMINAL JUSTICE was who was reporting it. You have to pay in order to get the "true" results.
Admin:
It is very likely that the Texas Department of Criminal Justice is not still reporting the information but that they did report it to that website at some time in the past.  Then once they have the information, the background check company does not update their data from the state agencies frequently enough and/or confirm the accuracy of the information at the time you ran the report. Ensuring the state agency who originally disseminated the information is no longer reporting it out is always a good idea, but the private background check companies are typically the ones that need to be dealt with by filing a dispute.
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Elizabeth
21st July 2014 9:05pm
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 Colorado and it keeps coming up on apartment applications and job application background 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.
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Eric-Erock Murphy Michael
15th July 2014 2:20pm
What if I got time served, but didn't finish probation and it's been over 10 years? Would I be eligible for an Order of Non-Disclosure?
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MathewHigbee
16th July 2014 8:24pm
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 receives deferred adjudication and successfully completes the sentence.
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Jennifer
10th July 2014 8:22pm
What is the possibility of working with a state, county or city agency with a sealed record?
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MathewHigbee
11th July 2014 6:27pm
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.

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