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Texas Order Of Non-Disclosure FAQFrequently Asked Questions

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Comments (26)

Topic: Texas Order of Non-Disclosure - FAQ | RecordGone.com
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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?
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.
14th May 2015 8:42am
testing only
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?
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.
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?
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.
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.
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.
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?
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.
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!
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."

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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