Navigating the complexities of the criminal justice system can be overwhelming, especially when trying to move forward after a conviction or an arrest.
For many individuals in Texas, the possibility of an Order of Non-Disclosure can provide a second chance by sealing their criminal record from public view. But not everyone qualifies for this relief.
In this blog, we’ll explore the qualifications for an Order of Non-Disclosure in Texas and how it can help individuals regain control over their future.
What Is an Order of Non-Disclosure?
An Order of Non-Disclosure is a legal order issued by a court that prevents certain criminal records from being disclosed to the public. This means that background checks conducted by employers, landlords, and the general public will not reveal the sealed records.
However, these records are not completely erased—they are still accessible to specific government agencies and law enforcement.
An Order of Non-Disclosure differs from expungement, which completely wipes a record clean. In Texas, non-disclosure is more commonly available than expungement, but it still comes with specific requirements and restrictions that must be met for eligibility.
Why Is an Order of Non-Disclosure Important?
Having a criminal record, even for minor offenses, can severely limit an individual’s opportunities for employment, housing, education, and other important aspects of life.
Many employers run background checks as part of their hiring process, and a criminal record can be a barrier to securing a job. Similarly, landlords often check the criminal histories of prospective tenants, making it difficult to find housing.
An Order of Non-Disclosure can help individuals overcome these barriers by keeping certain criminal records confidential.
While an Order of Non-Disclosure does not erase a criminal record, it does prevent it from being readily accessible to the public, allowing individuals to rebuild their lives without the stigma of their past mistakes.
Who Qualifies for an Order of Non-Disclosure in Texas?
Not everyone who has a criminal record in Texas is eligible for an Order of Non-Disclosure. The Texas Government Code, Section 411.072, outlines the specific criteria for eligibility.
Below are the main qualifications individuals must meet to apply for this legal relief.
1. Deferred Adjudication and Successful Completion
In Texas, the most common way to qualify for an Order of Non-Disclosure is through deferred adjudication.
Deferred adjudication is a type of probation in which the defendant pleads guilty or no contest to an offense, but the judge defers the finding of guilt and places the individual on community supervision (probation).
If the person successfully completes their probation without violating the terms, the court will dismiss the charges without entering a formal conviction.
Individuals who successfully complete deferred adjudication are often eligible to apply for an Order of Non-Disclosure. However, this does not apply to all offenses, and there are additional factors that influence eligibility.
2. Eligible Offenses
Even if a person successfully completes deferred adjudication, only certain offenses qualify for an Order of Non-Disclosure. Texas law explicitly lists offenses that are ineligible for non-disclosure. These include:
- Offenses requiring sex offender registration (such as sexual assault or indecency with a child).
- Family violence offenses (domestic assault, injury to a child or elderly person, etc.).
- Capital offenses (such as murder or capital murder).
- Aggravated kidnapping, human trafficking, and other violent crimes.
If an individual was charged with or convicted of any of these offenses, they are not eligible for an Order of Non-Disclosure. For those charged with lesser, non-violent offenses, however, non-disclosure remains a viable option.
3. Waiting Periods for Certain Offenses
For many offenses, even after successfully completing deferred adjudication, there is a waiting period before an individual can apply for an Order of Non-Disclosure. The waiting period varies depending on the offense:
- Misdemeanors (non-violent): Generally, there is no waiting period, and individuals can apply immediately after completing deferred adjudication.
- Serious Misdemeanors (involving violence or injury): A two-year waiting period applies after the individual has completed probation.
- Felonies: Individuals must wait five years after completing deferred adjudication before they can apply for non-disclosure.
The waiting periods are designed to ensure that individuals have remained out of legal trouble and have demonstrated that they can reintegrate into society before their record is sealed.
4. No Additional Convictions
To qualify for an Order of Non-Disclosure, the individual must not have been convicted of any other offense during the deferred adjudication probation period or during the waiting period.
This includes both felonies and misdemeanors, although minor traffic violations do not typically disqualify someone.
Any subsequent criminal conviction (other than minor infractions) will make an individual ineligible for an Order of Non-Disclosure. It’s essential for individuals seeking this relief to have maintained a clean record after their initial offense.
5. Completion of Probation and Payment of Fines
Successful completion of probation is a key requirement for obtaining an Order of Non-Disclosure.
This means that the individual must have fulfilled all the conditions of their community supervision, including completing any required counseling or treatment programs, performing community service, and paying any court-ordered fines or restitution.
If any conditions of probation were not completed, the individual is not eligible to apply for an Order of Non-Disclosure.
How to Apply for an Order of Non-Disclosure in Texas
Once an individual has determined that they meet the eligibility criteria for an Order of Non-Disclosure, they can begin the application process. Here are the steps involved:
- File a Petition: The individual must file a Petition for Order of Non-Disclosure with the court that handled their case. This petition outlines the individual’s qualifications and requests that the court seal their criminal record.
- Court Hearing: In some cases, the court may hold a hearing to review the petition and ensure that the individual meets all the legal requirements. The court will also consider any objections from the prosecution.
- Court Decision: If the court determines that the individual is eligible, it will issue an Order of Non-Disclosure. This order will then be sent to the appropriate agencies, instructing them to seal the individual’s record.
Conclusion
An Order of Non-Disclosure offers a valuable opportunity for individuals in Texas who have completed deferred adjudication to move past their criminal record and improve their future prospects.
However, the eligibility requirements are strict, and not all offenses qualify for this relief.
If you believe you are eligible for an Order of Non-Disclosure, it is important to consult with a legal professional to ensure that you meet all the necessary criteria and to guide you through the application process.
By taking this step, you can open new doors to employment, housing, and education, and regain control over your future.
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