If your case qualifies, you may be eligible for an automatic Non-Disclosure. If your case does not qualify for an automatic non-disclosure, we may still be able to clean your criminal record even if you:
- RECEIVED PROBATION
- RECEIVED DEFERRED ADJUDICATION
- RECEIVED PUNISHMENT OF CONFINEMENT (JAIL TIME)
- YOUR CASE RESULTED IN A CONVICTION
If your case has been finalized, it remains on your record for all to see unless you petition the Court to seal it when or if you are eligible.
You may be able to control access to your record through a Non-Disclosure. To see if you qualify to have your case sealed under an order of non-disclosure, please call our office and we will be happy to give you a free strategy session to see if you qualify.
Once sealed, you may then legally and truthfully deny your criminal conviction. This order prohibits the government from disclosing your criminal conviction to the public and prevents a private entity that compiles and disseminates for compensation criminal record information from compiling or disseminating information that is covered by the order of non-disclosure. The government will be allowed to disclose information about the case to other criminal justice agencies for criminal justice or regulatory licensing purposes or any agency or entities.
However, sealing a record is not the same as expunging a record. Sealing prevents the release of your record to the public; however, the record will stay available to the law enforcement community and to certain state agencies such as most state licensing agencies. In any subsequent criminal proceeding, the information can still be used against you in court.
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. If the Judge signs your non-disclosure Order, you may deny your case ever happened, unless the information is being used against you in a subsequent criminal proceeding.
Benefits of a Texas an Order of Non-Disclosure:
- You may inform employers that you have not been convicted of a crime
- You may become eligible for student loans
- You may become eligible for housing assistance
- You may become eligible for professional licenses and certificates
- No more fear or embarrassment when someone does a background check
The following offenses are not eligible:
- Aggravated Kidnapping
- Sex Offender
- Capital Murder
- Injury to children, elderly, or disabled individuals
- Child abandonment or endangerment
- Family Violence
What is the process?
Contact The Gilbert G. Garcia Law Firm today! – If you qualify, once you hire us, we will file a Petition for Non-Disclosure with the court and attend the hearing if one is set that will determine if an Order of Non-Disclosure is granted in your case. We will prepare all of the documents for you and deliver them ready to be signed, notarized and filed with the courts.
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.
A criminal justice agency may still disclose criminal history record information that is the subject of an order of non-disclosure to the following non-criminal justice agencies or entities under Section 411.081(i) of the Government Code:
- State Board for Education 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
The court’s order will be sent to the Department of Public Safety in Austin, TX. The Department of Public Safety will then send the order to all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order.
Those entities are obliged not to disclose the deferred adjudication record information to anyone other than:
- Other criminal justice agencies
- For criminal justice or regulatory licensing purposes
- An agency or entity listed in Section 411.081(i)
- The person who is the subject of the order