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Texas Order Of Non-Disclosure FAQFrequently Asked Questions

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Comments (19)

Topic: Texas Order of Non-Disclosure - FAQ | RecordGone.com
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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.
That is correct.  Plus, the record is viewed more favorably if it is sealed under an order of non-disclosure.
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.
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?
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.
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.
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.
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?
14th November 2014 6:39am
You must file in the same county where your case occurred.
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!
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.
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.
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.
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.
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?
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.
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?
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.
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?
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.
10th July 2014 8:22pm
What is the possibility of working with a state, county or city agency with a sealed record?
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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