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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.
Simply click on a question to view its answer:
It depends. Some cases, such as DUI's, are only eligible for nondisclosure if you only have one deferred adjudication or conviction on your record. For most other offenses, it does not matter if you were placed on deferred adjudication, as long as the previous offense was not an offense requiring registration as a sex offender under Chapter 62, aggravated kidnapping, murder, capital murder, offense involving injury to a child elderly individual, disabled person, abandoning or endangering a child, violation of protective order or magistrate’s order, stalking, or an offense involving family violence. Additionally, if you are convicted or placed on deferred adjudication for another offense while you are on deferred adjudication for this case or if you are convicted or placed on deferred adjudication for another offense during the waiting period, then you would not eligible for an order of nondisclosure on this case. 411.081(d)
No. If the case is eligible for an order of nondisclosure then you are not eligible for expungement of this case.
No. The main factor that makes a case eligible is if the person completed deferred adjudication successfully. Certain convictions are also eligible for an order of non-disclosure.
For a small researching fee, we can obtain and review the records of your case and determine how your case was disposed. We will determine which service(s) in Texas you are eligible, and the researching fee will be applied to the total cost of the service if you decide to move forward with clearing your record.
It depends. If you are convicted or placed on deferred adjudication for another offense while you are on deferred adjudication for this case or if you are convicted or placed on deferred adjudication for another offense during the waiting period then you are not eligible for an order of nondisclosure on this case. 411.081(d). Also, certain types of offenses, such as DUI's, are only eligible for nondisclosure if you only have one case.
Deferred adjudication is a sentence that the judge gives you. Typically, you are placed on probation as part of the sentence. Upon completing the sentence, the judge dismisses the case and “defers” the guilty plea. Under Texas law this is not considered a conviction. 411.081(d)
Felony cases have a five year waiting period. The following misdemeanors require a two-year waiting period: abuse of corpse; advertising for placement of child; aiding suicide; assault; bigamy; cruelty to animals; deadly conduct; destruction of flag; discharge of firearm; disorderly conduct; disrupting meeting of procession; dog fighting; false alarm; harassment; harboring runaway child; hoax bombs; indecent exposure; interference with emergency telephone call; leaving child in a vehicle; making a firearm accessible to a child; possession, manufacture, transport, repair, or sale of switchblade knife or knuckles; public lewdness; riot; silent or abusive calls to 9-1-1 service; terrorist threat; unlawful carrying of handgun by license holder; unlawful carrying weapons; unlawful possession of firearm; unlawful restraint; unlawful transfer of certain weapons; violation of protective order preventing offense caused by bias or prejudice. If your case was not for one of these offenses then there is no waiting period and you can file with the court once your deferred adjudication is complete. 411.081(d)
The waiting period begins the date you complete your deferred adjudication. 411.081(d)
The following offenses are not eligible: an offense requiring registration as a sex offender under Chapter 62, aggravated kidnapping, murder, capital murder, offense involving injury to a child elderly individual, disabled person, abandoning or endangering a child, violation of protective order or magistrate’s order, stalking, or an offense involving family violence. 411.081(e)
A conviction OR juvenile adjudication of any of the following: - Penal Code 21.02 (continuous sexual abuse of young child/children) - Penal Code 21.11 (indecency with a child) - Penal Code 22.011 (sexual assault) - Penal Code 22.021 (aggravated sexual assault) - Penal Code 25.02 (prohibited sexual conduct) - Penal Code 43.05 (compelling prostitution) - Penal Code 43.25 (sexual performance by a child) - Penal Code 43.26 (possession or promotion of child pornography) - Penal Code 20.04(a)(4)(aggravated kidnapping) IF the actor committed the offense or engaged in the conduct w/INTENT TO VIOLATE OR ABUSE THE VICTIM SEXUALLY - Penal Code 30.02 (burglary), IF the offense is punishable under subsection (d) of that section AND actor had intent to commit a felony in paragraph (A) or (C) of that section. - Penal Code 20.02 (unlawful restraint), 20.03 (kidnapping), or 20.04 (aggravated kidnapping) IF: o Judgment contained an affirmative finding under section 42.015….OR… o The hearing order or papers in the case contain an affirmative finding that the victim/intended victim was under 17. - Penal Code 33.021 (online solicitation of a minor) - Penal Code 21.08 (indecent exposure)…IF a second violation AND did not result in deferred adjudication An attempt, conspiracy, or solicitation of any of the above, except the last one (indecent exposure) Violation of another state or jurisdiction’s laws for offense containing elements substantially similar to the elements of any of those offenses….unless the out-of-state offense ended in deferred adjudication.
A petition for an order of nondisclosure can be denied for the following reasons: (1) the court does not find that granting your case will be in the interest of society, (2) you did not pay your fines, or (3) there was an inaccuracy in the court file and/or in your application. 411.081(d-e)
An attorney will attend any hearings held in your case; however, in Texas cases, judges often request your presence as well. If you live out of state or attending the hearing would otherwise be a hardship for you, we will ask the court to excuse your presence, but we cannot guarantee this request will be granted.
Typically, the entire process for an order of nondisclosure in Texas takes anywhere from four to nine months. The timeframe varies depending on how busy the specific county is at the time of filing, the facts of the case and whether the District Attorney objects.
We get your case filed as soon as we can, but the court handles cases in the order in which they are received. We cannot expedite the process with the court, but we will can write a letter letting stating that we are in the process of petitioning the court for an order of nondisclosure. You can provide that letter to an employer or potential employer if this case is posing a problem for you.
You will receive a court order of nondisclosure. The order will update the court and state records.
A legal doctrine called "res judicata" prevents a party from relitigating claims that have already been decided by a court. (Barr v. Resolution Trust Corp., 837 S.W.2d 627 (Tex. 1992)). In Texas, res judicata applies to a petition for an order of nondisclosure. (Ex Parte Myers, 68 S.W.3d 229 (2002); see Ramsey v. State, 249 S.W.3d 568 (Tex. App. Waco 2008); Bergin v. State, 2006 Tex. App. LEXIS 7571 (2006)). Typically, once the judge makes a decision to deny a petition for an order of nondisclosure, that decision is final (unless successfully appealed) and the case cannot be refiled at a later time. However, in some cases, if the facts have changed or new facts have occurred since the petition was denied, such as new educational or career opportunities, volunteer work, or completion of treatment programs, a petition may be refiled without being barred by res judicata. Because of the risk of being prevented from refilling and the difficulty of complying with the requirements of the law, hiring an attorney experienced in Texas law to properly file for the nondisclosure is extremely important.
Yes, the record will show as a deferred case and the charges will be viewable unless you apply for an order of non-disclosure. Texas Government Code § 411.081(d)
The court issues an order prohibiting criminal justice agencies from disclosing to the public any criminal history record information related to the offense giving rise to the deferred adjudication. Therefore, the records are sealed and the public can’t view them. Texas Government Code § 411.081(d)
A person whose criminal history has been sealed with an Order of Nondisclosure is not required to disclose their arrest or court case in any application for employment, information, or licensing to the state that the person has been the subject of any criminal proceeding that was sealed. Therefore, the person can deny the arrest or court case. § 411.081(g-2)
Since the case records are still viewable by criminal justice agencies, the records can be used in subsequent prosecution for another crime. 411.081(i)
Non-disclosure, often called record sealing in Texas, requires the Department of Public Safety to send a copy of the order to all law enforcement agencies, jails, etc. who are then ordered to seal the records, but not destroy them. So, they cannot disclose the offense, but the records are not destroyed. Also, the prior criminal record could be used against the person in a subsequent prosecution. Texas Government Code § 411.081(d)
Expungement results in the destruction of all references and records of the case from public records. The Department of Public Safety also requests any federal depository to return and destroy them. The court record for expungement is destroyed 60 days - 1 year after order is issued. § 55.01(a)
A case is only eligible for one service and what the eligible service is depends on the sentence for that case.
No. If you are required to register, then your offense is not eligible for an order of non-disclosure. 411.081(e)(1)
The Border Patrol has discretion when making a decision on a Sentri Pass application. An order of non-disclosure could be the difference between having your request accepted or denied.
Voting rights are restored to felons convicted in Texas once a person is fully discharged from the felony sentence, including any term of incarceration, parole, or supervision, or completes a period of probation ordered by any court.
Getting an analysis tailored to your specific situation is imperative because everyone's case is different. To find out if your criminal case will impact your immigration status or if getting an order of non-disclosure will assist with your immigration case, you should discuss your situation with a qualified immigration attorney. Our in-house immigration attorney is available to answer questions at 714-617-8395.
Since cases where deferred adjudication is successfully completed are not considered convictions, an order of non-disclosure would not affect your firearm rights as this case would not be prohibitive. Therefore, an Order of Non-disclosure in Texas will not lift any state or federal firearm prohibition.
In Texas, you may serve on a jury if you: 1) are a resident of the United States and a resident of the county by which you are summoned, 2) are at least eighteen years of age, 3) are able to read and write, 4) are of sound mind.
You may not serve on a jury if you: 1) have been convicted of a felony for any type of theft, unless your rights have been restored to you, 2) are currently on probation or deferred adjudication for any type of theft on a felony level, 3) are currently under indictment for a felony or are currently charged with any type of theft.
http://www.arlingtontx.gov/municipalcourt/juryservice.html
You are able to deny the arrest and court case after it has been sealed with an order of nondisclosure; however, certain non-criminal justice agencies can still view the record. For instance, some school districts can still view the records. Although the record may still be viewable by certain agencies, the agency will also see that a judge granted an order of nondisclosure, which displays your reform and looks better than just having the record of deferred adjudication.
Section 19 of the FDIA (Federal Deposit Insurance Act) permits banks and other financial institutions to bar those who have had “Breach of Trust” or "Dishonesty" convictions from jobs that they may otherwise be qualified for. This would apply even if the conviction has been expunged or sealed.
If you were denied or were terminated from a job at a financial institution because a “breach of trust” or "dishonesty" conviction, you may be able to seek a waiver from the FDIC which would allow you to obtain a job in a bank. You should discuss your case with an attorney who can tell you if a waiver is an option in your case.
No. The law prohibits the release, maintenance, dissemination, or use of the expunged records and files to the public. § 411.081(g-2) and (g-3)
A criminal justice agency may disclose the records to other criminal justice agencies for criminal justice or regulatory licensing purposes or to the following non-criminal justice agencies:
(1) the State Board for Educator Certification; (2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement; (3) the Texas Medical Board; (4) the Texas School for the Blind and Visually Impaired; (5) the Board of Law Examiners; (6) the State Bar of Texas; (7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code; (8) the Texas School for the Deaf; (9) the Department of Family and Protective Services; (10) the Texas Youth Commission; (11) the Department of Assistive and Rehabilitative Services; (12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation; (13) the Texas Private Security Board; (14) a municipal or volunteer fire department; (15) the Texas Board of Nursing; (16) a safe house providing shelter to children in harmful situations; (17) a public or nonprofit hospital or hospital district, or a facility as defined by Section 250.001, Health and Safety Code; (18) the Texas Juvenile Probation Commission; (19) the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner; (20) the Texas State Board of Public Accountancy; (21) the Texas Department of Licensing and Regulation; (22) the Health and Human Services Commission; (23) the Department of Aging and Disability Services; (24) the Texas Education Agency; (25) the Guardianship Certification Board; (26) a county clerk's office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code; (27) the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to: (A) the Department of Information Resources; or (B) a contractor or subcontractor of the Department of Information Resources; (28) the Court Reporters Certification Board; (29) the Texas Department of Insurance; and (30) the Teacher Retirement System of Texas.
411.081(i)
Once the judge signs the granted order of nondisclosure, the court will send it to the Texas DPS. The Department of Public Safety then sends the granted order to all of the agencies that have records of the arrest or case. 411.081(g)
The court will update their own records usually within 48 hours. The DPS and other agencies typically take 30 to 60 days to update their records.
No. Driving records are not affected by the order of nondisclosure. However, driving records fall off your records after a certain period of time unlike your criminal records, which are for life unless you have them cleared.
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