In Texas, the concept of an ‘Order of Nondisclosure’ provides individuals with a powerful legal mechanism to shield certain criminal records from public view. While this does not entirely erase the existence of a past offense, it does restrict access to the record for most private entities, including employers, landlords, and the general public. This legal relief is particularly valuable for individuals who have made mistakes in the past but have since rehabilitated and wish to move forward in life without the ongoing burden of a criminal history. Understanding how a Texas Order of Nondisclosure works, who qualifies, and how to apply for one is essential for those looking to clear their name.
Definition and Purpose of an Order of Nondisclosure
An Order of Nondisclosure is a court order that prohibits public entities such as courts and law enforcement agencies from disclosing certain criminal records to the public. It is not the same as an expunction, which completely destroys the record. Instead, the record is sealed from public view but can still be accessed by government agencies and used in certain legal circumstances.
What Makes This Different From Expungement?
While both processes serve to limit the exposure of criminal records, an expunction is more comprehensive. An expunction completely erases the record, as if the offense never occurred. On the other hand, a nondisclosure merely seals the record. This means that while the public cannot access it, some entities such as licensing boards, law enforcement, or certain governmental employers still can.
Eligibility for an Order of Nondisclosure in Texas
Not all offenses qualify for an Order of Nondisclosure. The Texas Government Code outlines specific eligibility requirements, and there are also several offenses that are explicitly excluded from nondisclosure.
General Eligibility Criteria
- The individual must have successfully completed deferred adjudication or served their sentence.
- A required waiting period must have passed, which can range from immediately after discharge to five years, depending on the nature of the offense.
- The applicant must not have been convicted or placed on deferred adjudication for another offense (other than a fine-only traffic offense) during the required waiting period.
- The offense must not be on the list of ineligible offenses.
Ineligible Offenses
The following types of offenses are typically not eligible for nondisclosure in Texas:
- Family violence offenses
- Sexual offenses that require sex offender registration
- Aggravated kidnapping
- Murder and capital murder
- Human trafficking
Even if someone received deferred adjudication for one of these offenses and completed all the terms, they would still be barred from obtaining an Order of Nondisclosure.
Types of Orders of Nondisclosure
Texas law provides for different types of nondisclosure orders based on the circumstances of the case. Understanding the distinctions is important for determining whether a person qualifies and how to proceed.
Automatic Nondisclosure
Certain first-time misdemeanors qualify for automatic nondisclosure upon successful completion of deferred adjudication. The process requires no application or petition from the defendant; however, the court still retains discretion and may deny the request if it finds that the nondisclosure is not in the best interest of justice.
Discretionary Nondisclosure
For other offenses, the individual must file a petition for an Order of Nondisclosure. The court will review the petition and determine whether the applicant meets the legal criteria and whether issuing the order serves justice. In such cases, the judge has discretion to approve or deny the request.
Application Process
Applying for an Order of Nondisclosure in Texas involves several steps and can vary slightly depending on the county where the petition is filed.
Steps to Apply
- Confirm eligibility based on the offense, sentence type, and waiting period.
- Obtain the necessary court forms and draft the petition for nondisclosure.
- File the petition in the court that handled the original case.
- Pay the required filing fee (which may vary by county).
- Attend a hearing if one is scheduled, where the judge will evaluate the request.
In many cases, individuals benefit from hiring an attorney to help ensure the petition is correctly filed and supported by adequate documentation. Errors or omissions in the paperwork can lead to delays or denial of the order.
Impact of an Order of Nondisclosure
The primary benefit of an Order of Nondisclosure is that it allows individuals to legally deny the existence of the sealed offense in most situations. This can make a significant difference when applying for employment, housing, or higher education opportunities.
Who Can Still Access the Sealed Record?
Although the general public cannot view sealed records, certain entities can still access them, including:
- Criminal justice agencies
- Texas Medical Board
- Texas Department of Licensing and Regulation
- Texas Education Agency
- Texas Department of Insurance
These entities may use the information when making decisions related to licensing, certifications, and public safety evaluations.
Job Applications and Background Checks
One of the most significant reasons people seek an Order of Nondisclosure is to improve employment prospects. Once granted, the sealed offense typically will not appear in most background checks conducted by private employers. This can open doors that were previously closed due to a criminal record.
Recent Legislative Updates
Texas law regarding nondisclosure has evolved over the years, and several reforms have expanded the number of eligible individuals. For example, recent changes have simplified the application process for certain low-level offenses and clarified the rules regarding multiple offenses and waiting periods. Staying informed about these updates is essential for those considering filing for an order.
The Texas Order of Nondisclosure offers a second chance for people who have made past mistakes but have fulfilled their legal obligations and demonstrated rehabilitation. By limiting public access to specific criminal records, this legal tool helps individuals pursue better jobs, housing, and educational opportunities without being continually haunted by their past. However, the process requires careful attention to detail and a clear understanding of eligibility rules. Those who believe they may qualify should consider reviewing their records and seeking legal guidance to begin the petition process.