An order of non-disclosure can help protect defendants by keeping some people and entities from discovering their criminal history in standard background checks. However, an order of non-disclosure is not the same as an expunction of your record, and your criminal history may still be discoverable under some circumstances.
Attorneys at Vinas & Graham, PLLC, know that orders of non-disclosure are useful tools to help protect our clients. Orders of non-disclosure can be automatically granted in some cases, or you can apply for an order of non-disclosure in other cases. If you may be eligible for an order of non-disclosure, it is important to understand how these orders can impact your future and under what circumstances your criminal history may still be discovered in background checks.
When Orders Of Non-Disclosure Are Protective
Unlike expunctions, orders of non-disclosure do not remove your criminal history from your record. Instead, law enforcement and other government agencies are prohibited from reporting your criminal history in standard background checks. However, if you have multiple crimes in your criminal record, only the crimes that are contemplated in the order are protected.
Essentially, this means that your protected criminal history will not be public record and will not show up in most employment background checks, nor will it show up in your credit report. This helps to ensure that you will not suffer particular collateral consequences, such as being denied a rental application or employment, based on your criminal record. Unfortunately, you may face other collateral consequences that an order of non-disclosure cannot protect against.
When Orders Of Non-Disclosure Are Not Protective
Non-disclosure orders do not prevent every person and entity from finding out about your criminal history. Law enforcement entities and courts will have access to your criminal information that is subject to a non-disclosure order. Your record, including crimes covered by the non-disclosure order, may be accessible by certain government agencies and entities, including the following:
- The State Board for Educator Certification
- A school district, private school, and charter school
- The Texas Medical Board
- The Board of Law Examiners
- The Department of Family and Protective Services
- The Texas Board of Nursing
- The Texas Department of Licensing and Regulation
- The Health and Human Services Commission
- Other agencies and entities described under Texas non-disclosure law
Texas Order Of Non-Disclosure Attorney
State law regarding non-disclosure orders is complicated, and there are many exceptions to the law. If you have questions about a past or ongoing criminal matter, contact a Texas order of non-disclosure attorney at Vinas & Graham, PLLC at 713-229-9992 or online. We will discuss your case and potential defense strategies and options.
A criminal record can have lasting impacts on your life and your future. Our attorneys represent clients facing criminal investigations and charges, and we work to secure the best possible outcome for every client in every case. See our Facebook page for more information about our legal practice and criminal defense attorneys.
