Most of us do what we can to lead a lawful life and stay out of trouble. Aside from a speeding ticket here or there, most of us manage to avoid any serious legal infractions and keep a clean record. But unfortunately, things do happen – serious things with serious consequences.
The outcomes of a criminal conviction are extensive, especially when it pertains to current or future employment and the ability to continue your career. Once you have a criminal record, it can mean the loss of your job. And it can make it very difficult for you to find a job in the future. Not only that, but if you were up for promotion, you could pretty much assume that you are no longer eligible (and that is to say if you are even still employed).
A criminal conviction and the resulting record can even mean cancellation, revocation, or denial of professional licenses, which can make it hard if your employment is based on a licensed profession.
If you served or are serving in the military, a criminal conviction will likely result in a reduction of your pay grade and a reduction in rank. It wouldn’t be altogether surprising too if you received a dishonorable discharge which will mean the end of your military career.
The criminal justice system in Texas is very familiar with the impact that a criminal conviction and record will have on an individual. As a result, state legislatures are taking steps to reduce the burden on offenders by leveraging orders of non-disclosure.
What is an Order Of Non-Disclosure?
An order of non-disclosure is a specific type of court order that strictly prohibits certain public entities, (courts and police) from disclosing particular information about your criminal record. An order of non-disclosure can help you if you are the offender, by legally freeing you from the obligation to disclose your criminal record background when asked applicable questions on job applications.
But it is important to note that an order of non-disclosure is not all-encompassing. Your criminal record still available to criminal justice agencies as it pertains to criminal prosecutions and to specific non-criminal organizations in the legal, medical, and educational space.
How Can I Obtain A Non-Disclosure?
There are certain eligibility requirements to obtain a non-disclosure. To be eligible, you must meet the following requirements:
- You must have been placed on deferred adjudication community supervision
- If you were convicted of the crime, you are not eligible to apply for an order of non-disclosure
- You must successfully complete the deferred adjudication
Once it is determined you are eligible, the process to request a non-disclosure is fairly straightforward. Your first step will be to file a petition in the same court with which the criminal charge was filed against you. You will need to pay a filing fee, and the cost for this will vary from county to county.
Once your petition has been filed, and the district attorney’s office has been informed of your petition, you can set the matter for hearing. This hearing will take place within just a few weeks of you filing the petition. And, at the hearing, you need to show to the court that you are eligible for the non-disclosure and that the non-disclosure of your records is in the best interest of justice.
judge can be influenced by several things including whether or not
complied with the conditions of community supervision, the amount of time that has elapsed since community supervision ended, your overall criminal history, the facts in your underlying case, and any effect that not sealing the records might have you in the future.
Having a reputable attorney that can support you and argue your case on your behalf will provide a significant advantage. If it is then determined by the judge that you are eligible, the non-disclosure will be signed, and it will be sealed to the general public in approximately three to five weeks.
The following offenses will make you ineligible for a non-disclosure:
- Capital murder
- Aggravated kidnapping
- Domestic violence or other family violence
- Abandonment or endangerment of a child
- Violation of a family violence protection order
- Sex offenses that require you to register as a sex offender
- Injury to a child or disabled or elderly individual
It is also important to note that if you are eligible for an order of non-disclosure, you must wait for a specified time period after the court orders a dismissal and discharge for you. For misdemeanors, you must wait two years. For felonies, you must wait five years.
Learn More About Non-Disclosures
To learn more about how a non-disclosure can help you, contact Vinas & Graham, PLLC about your case. Whether you are facing charges for a DWI or DUI, drug possession, drug delivery, theft, robbery, aggravated assault, or more, you need experienced and top-rated criminal lawyers to fight for you.
The government has nearly unlimited resources at work for them, and you do not want to fight them alone. Don’t settle for less than the best legal representation you can find. You need a team of advocates on your side with the right experience to get the best possible results on your case.