Order of Non-Disclosure

Order of Non-Disclosure in Texas

Seal Your Criminal History with the Help of Our Dallas Defense Lawyer

Many people who receive deferred adjudication probation believe that their criminal record is cleared once their probation has been completed. Unfortunately, this criminal history information is discoverable by anyone, including potential employers. Though your case may have been dismissed when you completed probation, your arrest, the offense with which you were charged, and the fact that you were placed on deferred adjudication probation are all a matter of public record. That is unless you obtain an order of non-disclosure.

An order of non-disclosure is a legal remedy available to people who successfully complete deferred adjudication probation, in which a Texas court orders that your criminal history on a particular case is sealed from public view. Once an order of non-disclosure is granted, your arrest record and any other files associated with your case are destroyed, all computer records of the case are deleted, and you are no longer required to admit that you were arrested or charged with this offense when filling out job applications, looking for housing, etc. By law, this criminal history information cannot be used against you once it is sealed.

At Berlof & Newton, P.C., we handle orders of non-disclosure throughout the State of Texas. Call us now to find out if we can seal your criminal history with an order of non-disclosure.

Order of Non-Disclosure for Misdemeanor Charges

In some cases, you can petition the court for an order of non-disclosure immediately upon successful completion of your deferred adjudication probation.

For certain crimes, a two-year waiting period applies. These include:

  • Unlawful restraint or transport
  • Public lewdness or indecent exposure
  • Assaultive offenses (assault, deadly conduct, terroristic threat
  • Offenses against the family (e.g. harboring a runaway, bigamy)
  • Riot, obstructing a highway, cruelty to animals
  • Weapons offenses (e.g. unlawfully carrying a weapon)

Order of Non-Disclosure for Felony Charges

In most cases, you must wait five years after the successful completion of your deferred adjudication probation before you can petition the court for an order of non-disclosure.

Certain offenses, however, cannot be sealed with an order of non-disclosure :

  • Any offense requiring sex offender registration
  • Aggravated kidnapping
  • Murder
  • Capital murder
  • Injury to a child, elderly individual, or disabled individual
  • Abandoning or endangering a child
  • Violation of a protective order
  • Stalking
  • Other family violence offenses (family violence is violence or the threat of violence against a relative or a current or former housemate)

Even if your case has been dismissed by means of deferred adjudication probation, anyone who checks your criminal history will see that you have been charged with a crime and that you entered either a “guilty” or “no contest” plea. Potential employers can easily access this information unless an order of non-disclosure has been granted by the court. Don’t miss out on getting a job due to your criminal history information. You may be able to seal your record with an order of non-disclosure and get a fresh start.

Let Our Firm Help You

Orders of non-disclosure are governed, in part, by Section 411.081 of the Texas Government Code. The statute includes all the basic requirements for non-disclosure eligibility. When you seek help from Berlof & Newton, P.C., our criminal defense attorneys in Dallas can fully explain to you the law and guide you in your petition. We are updated with all the changes of the said statute and we are here to help you understand them thoroughly.

If you have any questions or concerns about orders of non-disclosure, don’t hesitate to call our firm at (214) 494-8990.

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