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Non-Disclosures - Law Offices of Tim Powers
This video gives a brief overview of Orders of Non-Disclosures in Texas.
What does it mean to seal a record in Texas?
Sealing a record in Texas is known as nondisclosure. Sealing a record means that the criminal record is held private from the view of the general public, meaning the courts, clerks of the court, law enforcement agencies, and any prosecutor's office cannot disclose your sealed record to any other entity. The record, however, is not deleted or destroyed as it would have been if it was eligible for expunction.
An order of nondisclosure means you do not have to disclose the seal records or related information about your criminal history on job applications, mortgage loan applications, school applications, or the like.
An order of nondisclosure only applies to specific criminal offenses; an order of nondisclosure does not cover a person's entire criminal record if you have been convicted of more than one crime. Each conviction must qualify, and you must petition for nondisclosure for each qualifying conviction.
Also, an order of nondisclosure is not an automatic service provided to qualifying individuals and their criminal records. You must file a petition for nondisclosure, and this process can be overwhelming for some.
Who qualifies for nondisclosure in Texas?
You qualify for nondisclosure if the crime is eligible for nondisclosure. In Texas, the laws relevant to nondisclosure were recently amended and expanded in 2017 to include certain driving while intoxicated convictions. With the addition of the latter, the laws that address nondisclosure eligibility can be arranged according to eight different categories or sections of the Texas Government Code. Each section provides the circumstances for eligibility.
You may qualify for nondisclosure according to Texas Government Code, Chapter 411:
§ 411.072, if you successfully completed deferred adjudication community service for certain non-violent or non-prohibited misdemeanors.
§ 411.0725, if you successfully completed deferred adjudication community service for certain felonies and misdemeanors and you obtained a discharge or dismissal.
§ 411.0727, if you successfully completed a Veterans Treatment Court Program.
§ 411.0728, if you are a victim of trafficking of persons and your conviction of prostitution or related offense was set aside (judicial clemency).
§ 411.073, if you successfully completed community service or probation following conviction of certain non-prohibited misdemeanors and you have never been previously convicted of or placed on deferred adjudication community supervision for any other offense.
§ 411.0731, if you successfully completed community service following conviction of certain driving while intoxicated crimes.
§ 411.0735, if you were convicted and confined for certain misdemeanors.
§ 411.0735, if you were convicted and confined for certain driving while intoxicated crimes.
It should be made clear that just because you qualify or are eligible for an order of nondisclosure, that eligibility does not mean you will be granted an order of nondisclosure.
If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.483.8000 Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question, you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, or Collin County criminal case.
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