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Texas Order of Non-Disclosure

Did you receive a POM at age 19? A DWI at age 21? Or is there some other small smudge on your criminal background record? If you have been successful on deferred adjudication probation, you may be able to control access to your criminal record through an Order for Non-Disclosure. Once sealed, you may legally and truthfully deny your criminal conviction.

What is an Order of Non-Disclosure?

An Order of Non-Disclosure is an order from the court effectively sealing your record from the public. It allows an individual to deny arrest or prosecution for which public information exists unless they are being prosecuted for a subsequent offense.
Benefits of a Texas Order of Non-Disclosure:

  • Tell employers that you have not been convicted of a crime
  • Become eligible for student loans
  • Become eligible for housing assistance
  • Become eligible for more types of professional licenses and certificates
  • Tell friends and family that you have not been convicted of a crime
  • No more fear or embarrassment when someone does a background check

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Who is eligible?

You may qualify for an Order of Non-Disclosure if you satisfy the following requirements:

  • You entered a plea of guilty or no contest; AND
  • The judge deferred further proceedings against you and placed you on community supervision (probation) without a finding of guilt; AND
  • You have been successfully discharged from community supervision; AND
  • The case against you has been dismissed; AND
  • You meet waiting period after completing your sentence:
    • No waiting period for most misdemeanors
    • 5-year waiting period for misdemeanors under Chapters 20 (kidnapping, unlawful restraint), 21(sexual offenses), 22 (assaultive offenses), 25 (offenses against the family), 42 (disorderly related offenses), and 46 (weapons offenses) of the Penal Code
    • 5-year waiting period for all felonies.

Who is not eligible?

The following offenses are not eligible:

  • Aggravated Kidnapping
  • Sex Offender
  • Murder
  • Capital Murder
  • Injury to children, elderly, or disabled individuals
  • Child abandonment or endangerment
  • Stalking
  • Family violence

What is the process?

Contact the Law Office of Russell Frost right now!

  1. Once you hire us, we can file a Petition for Non-Disclosure with the court and request a hearing be held to determine if an Order of Non-Disclosure can be granted in your case.
  2. We will prepare all of the documents for you and deliver them ready to be signed, notarized and filed with the courts.
  3. We will attend the hearing and guide you through the process.

Will I be required to travel for a hearing?
Any hearing would most likely be held in the county in which you were charged. We will attend the hearing for you–no matter its location–and your presence would most likely not be required.

What happens if the court grants it?
Many Texas agencies are forbidden from disclosing the information to the public. The records are eventually sealed by DPS.

After an Order of Non-Disclosure is granted, entities such as PublicData.com or other background check sites can be fined for releasing the information.


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