Non-Disclosures

If you were ever arrested and placed on deferred adjudication probation, then you have a criminal record that will likely follow you for the rest of your life, unless you act to clear it. A Non-Disclosure can clear your criminal record.

What is a Non-Disclosure?

A Non-Disclosure is an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication. The Non-Disclosure process begins with the filing of a Petition for Non-Disclosure. The Petition is set for a hearing before a judge to determine the person’s eligibility for the Non-Disclosure. Following the hearing the judge may sign an order granting the Non-Disclosure.

The court process related to a Non-Disclosure can take several months. Additional time may be required for the Non-Disclosure to take full effect with regard to all the private entities that possess and provide criminal history information. If you believe that you may be entitled to a Non-Disclosure of your record, don’t wait until you need it. Take advantage of that opportunity now. Contact us today for your FREE consultation and find out if you are eligible for a Non-Disclosure.

Am I eligible for a Non-Disclosure?

Eligibility for a Non-Disclosure is governed by Chapter 411 of the Texas Government Code. You may be eligible for a Non-Disclosure if you answer “Yes” to the following question:

  • Did you receive and successfully complete deferred adjudication probation?

If you believe the answer to this question is “Yes,” then you should contact an attorney immediately for a FREE consultation to find out if you are entitled to a Non-Disclosure. Don’t wait for an employer to tell you that they can’t hire you or can’t keep you because of your criminal arrest record.

IMPORTANT: If you were acquitted, if your case was dismissed, or if your case was reduced to a class C misdemeanor, you may be eligible for an expunction. An expunction is similar but not the same as a Non-Disclosure. Please visit our Expunctions page to determine if you may be eligible.

Why do I need a Non-Disclosure?

If you have ever been arrested and placed on deferred adjudication probation, then you most likely have a criminal record. It doesn’t matter that your probation was successfully completed or that the charges were dropped or even that the case was ultimately dismissed. That criminal record still exists. The extent to which your criminal record is available to the public may vary. You may not even find that the criminal record is public until you apply for employment, loans, housing, or some other matter that requires a criminal history background check. Unfortunately, when the criminal history check is performed, you may find the nightmare of that original arrest has not yet ended. A Non-Disclosure can prevent this from happening and end that nightmare. Contact a Texas Non-Disclosure attorney today for your FREE consultation. Find out if you are eligible for a Non-Disclosure.

What types of cases are NOT eligible for Non-Disclosure?

Although the law authorizes Non-Disclosures in most types of cases, there are limitations. Certain persons are not authorized to petition the court for Non-Disclosure. The Texas Government Code Sec. 411.081 (e) provides that a person is not entitled to petition a court for non-disclosure if the person was placed on the deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication for: (1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure; (2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure; (3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or (4) any other offense involving family violence, as defined by Section 71.004, Family Code. This is only a small portion of an otherwise very convoluted statute. It does not appear that the legislature wrote this law with the idea that most would be able to read and easily make sense of it.

THE BOTTOM LINE: If you were previously placed on deferred adjudication probation and successfully completed that probation, then contact an attorney today to see if you are eligible for a Non-Disclosure. You should not try to determine your own eligibility without speaking to an attorney. Contact us today and request your FREE consultation with our Texas Non-Disclosure attorney.

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