Orders of Non-Disclosure

Some Texas criminal records that are not expugnable may be eligible for orders of non-disclosure, which are similar to expunctions.  If you have been placed on deferred adjudication community supervision under CCP art. 42.12 § 5 for a felony or a misdemeanor, you may by eligible to have your records sealed by petitioning the court for non-disclosure of your criminal records.  Once sealed, you will be able to honestly say that you do not have a criminal conviction.  The State will only be allowed to disclose information about the case to other criminal justice agencies for criminal justice or regulatory licensing purposes or any agency or entity listed in Texas Government Code § 411.081.  See the list of agencies that will still be able to see your arrest and/or dismissed charge even after obtaining an order of disclosure here.

Benefits of Having Your 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
• To stop fearing or being embarrassed when someone does a background check on you.

Benefits of Using the Law Office of Chad West

Having us clean your record can be the best decision you make. Why choose us:

• You will be represented by a lawyer
• Fastest possible results – we start your case within 24 hours
• We pay the filing fees
• One call starts the process — (214) 509-7555
• Deep discounts for multiple convictions
• Credit cards accepted
• Flexible payment plans
• We will write letters to potential employers explaining your case

Eligibility for Texas Order of Non-Disclosure

If you were arrested in Texas, you are likely eligible for a Texas Order of Non-Disclosure if you meet the following criteria:

• You entered a plea of guilty or no contest
• The judge deferred further proceedings against you and placed you on community supervision (probation) without a finding of guilt
• You have been successfully discharged from community supervision
• The case against you has been dismissed
• You meet waiting period after completing your sentence:

Common Questions About a Texas Order For Non-Disclosure

• If I have a case end with deferred adjudication, is it available to the public?
• What is non-disclosure?
• Will it still show up on my background check?
• Are there any instances when the criminal justice agencies can still disclose my criminal history records?
• Do I have to disclose the arrest or court case?
• Can I become a schoolteacher, nurse, or other occupation?
• Can it still be used against me?
• Does it matter if I was previously placed on deferred adjudication community supervision for another offense?
• What is the difference between expungement and nondisclosure?
• Do I need to hire an attorney or can I do it myself?
• How long does it take?
• Can it be done faster?
• Do I have to go to court?
• How do the agencies know it was granted?
• How long does it take for the records to be updated?
• What are the details of the guarantee?
• Do you have payment plans?
• What if I don’t know exactly what is on my record?
• What is the main reason that a case is denied?
• What if my case is denied?
• Will it help with immigration?
• Can I clear my federal conviction?
• Can I visit Canada after this?
• Can I get a Sentri pass?

If I have a case end with deferred adjudication, is it available to the public?

Yes, it will show as a deferred case, along with the charges, unless you apply for and order of non-disclosure.

What is non-disclosure?

The court issues an order prohibiting the 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.

Will it still show up on my background check?

No. The expungement prohibits the release, maintenance, dissemination, or use of the expunged records and files to the public.

Are there any instances when the criminal justice agencies can still disclose my criminal history records?

A criminal justice agency may disclose the records to other criminal justice agencies for criminal justice or regulatory licensing purposes or to the following noncriminal justice agencies :

• State Board for Educator Certification
• School district, charter school, private school, commercial transportation company, or education shared service arrangement
• Texas State Board of Medical Examiners
• Texas School of the Blind and Visually Impaired
• Board of Law Examiners
• State Bar of Texas
• District Court regarding a petition for name change
• Texas School for the Deaf
• Department of Family and Protective Services
• Texas Youth Commission
• Department of Assistive and Rehabilitative Services
• Department of State Health Services
• Texas Private Security Board
• Municipal of Volunteer Fire Department
• Board of Nurse Examiners
• Safe house providing shelter to children
• Public or Nonprofit Hospital
• Texas Juvenile Probation Commission
• Securities Commissioner, banking commissioner, savings and loan commissioner, or the credit union commissioner
• Texas State Board of Public Accountancy
• Texas Department of Licensing and Regulation
• Health and Human Services Commission; and
• Department of Aging and Disability Services

Do I have to disclose the arrest or court case?

A person whose criminal history has been sealed with an order of nondisclosure is not required in any application for employment, information, or licensing to 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.

Can I become a schoolteacher, nurse, or other occupation?

You are able to deny the arrest and court case after it has been sealed with an order of nondisclosure; however, certain noncriminal 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 appears better than only the record of deferred adjudication.

Can it still be used against me?

Since the case records are still viewable by criminal justice agencies, the records can be used in subsequent prosecution for another crime.

Does it matter if I was previously placed on deferred adjudication community supervision for another offense?

No, 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.

What is the difference between expungement and nondisclosure?

Non-disclosure requires DPS 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. And the prior criminal record could be used against the person in a subsequent prosecution.

Expungement results in the destruction of all references and records of the case from public records. The DPS 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.

Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record.

How long does it take?

Currently, the whole process is taking about 4-5 months.

Can it be done faster?

The courts work on a first come, first serve basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it expunged.

Do I have to go to court?

Although a licensed attorney will appear in court for you, sometimes the court requires the client to appear as well. However, if you live out of state, we are typically able to ask the court to excuse your presence.

How do the agencies know it was granted?

Once the judge signs the granted order of nondisclosure, the court sends the order to the TX Department of Public Safety. The Department of Public Safety then sends the order to all the agencies with records of the arrest or case.

How long does it take for the records to be updated?

The court updates the court records within 48 hours and the TX Department of Public Safety and agencies have up to 30 days to update their records. However, the agencies typically update their records before the 30 days expire.

What are the details of the guarantee?

If we are unable to succeed on your case, we give you your money back, except for the fees paid to the court (normally $200 to $250). There is a partial refund if the client does anything to become ineligible after beginning the process.

Do you have payment plans?

We can create a payment plan that meets your needs. We typically spread payments into equal amounts over 60 days, but in some instances, we can spread them out further.

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge $250 per hour to do it and we apply that to the cost of any service that you hire us to perform.

What is the main reason that a case is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society or (4) not paying fines.

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then there is the money back guarantee.

Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and increase your chances during the immigration proceedings.

Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have access to whatever information the United States has. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check or for entrance into Canada. At a minimum, this will show the Canadian government that the matter was resolved and no longer considered a conviction. In some cases, it will take in entirely out of the view of Canadian immigration officials.  Either way, clearing your record improve the odds of not being denied entry to Canada or being stuck at the border for lengthy and embarrassing interrogation.

Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.