Order of Non Disclosure – Texas Attorney
Texas Criminal Attorney discusses Non Disclosure. Call (281) 853-8537 for a free consultation with a criminal lawyer.
We get questions on this topic all to often. It’s one of the most misunderstood issues in Texas criminal law. Let us know if you have any questions.
Non Disclosure is commonly referred to as sealing your criminal records.
The Statute is so complex, that you really need to contact an attorney to determine if your specific set of circumstances fits within this very narrow section of the law.
Although I discussed a few hypothetical situations in the video, I also re-printed a portion of the Government Code below so that you can read some of the required conditions for yourself.
Keep in mind that the law is changing all the time, and you should never rely on anything you read on the internet as valid legal advice.
Take a look at the Code below, but the bottom line is that if you think this law might apply to you, then give us a call at (281) 853-8537 to speak to a criminal attorney in the Houston area.
From the Texas Government Code –http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm
Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE.
(a) A person may be granted an order of nondisclosure of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on deferred adjudication community supervision for the offense for which the order of nondisclosure is requested, and during any applicable waiting period after completion of the sentence or deferred adjudication community supervision required by this subchapter, the person is not convicted of or placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only.
(b) A person may not be granted an order of nondisclosure of criminal history record information under this subchapter and is not entitled to petition the court for an order under this subchapter if:
(1) the person was convicted or placed on deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication community supervision for:
(A) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
(B) 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;
(C) an offense under Section 19.02, 19.03, 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or
(D) any other offense involving family violence, as defined by Section 71.004, Family Code; or
(2) the court makes an affirmative finding that the offense for which the order of nondisclosure of criminal history record information is requested involved family violence, as defined by Section 71.004, Family Code.
