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What you need to know about orders of nondisclosure

On Behalf of | May 1, 2020 | Criminal Law |

One of the side effects of a criminal conviction is having a record that employers can view by requesting a background check. This may keep you from getting the job you want.

We often help people lessen the impact of collateral consequences of a conviction through orders of nondisclosure.

What it is

According to the Texas Judicial Branch, certain public entities cannot disclose certain information on your criminal record if you obtain a court order of nondisclosure. Not only that, you do not have to disclose the information related to the offense when you fill out job applications.

You may still have to reveal that you have a criminal record if it includes items not affected by the court order. There are some state and criminal justice agencies that may view your entire record, regardless of the order.

How it works

You may have pleaded guilty to driving while intoxicated or a nonviolent misdemeanor. Although deferred adjudication and community supervision allowed you to avoid incarceration, it did not clear your record. The nondisclosure order does, though. Depending on which misdemeanor or felony conviction you would like to obtain the nondisclosure order to cover, you will have different requirements and procedures to fulfill.

For example, you may need to provide a copy of the judgment and a discharge and dismissal order, which shows that the judge allowed you to withdraw your plea and then issued a dismissal of your indictment. Or, you may need to provide a signed document stating that you completed your jail sentence and probation and paid all fines and restitution.

Who is ineligible

If a judge has placed you on deferred adjudication or issued a conviction for a violent crime or a sex offense requiring registration, you are not eligible for an order of nondisclosure for any offense.

More information about clearing criminal records is available on our webpage.