Do Some Agencies Still Have Access to a Non-Disclosed Texas Criminal Record?

One of the biggest misconceptions people have is that an arrest record on an individuals’ criminal history goes away when a case is dismissed; even if they’ve successfully completed deferred adjudication probation. The reality is an arrest remains on your record unless you get an order granting an Expunction OR a Non-disclosure from the court.

 

Texas Government Code Section 411.081 allows an individual who has successfully completed deferred adjudication community supervision to petition the court that placed the individual on probation for an order of nondisclosure. An order of nondisclosure prohibits disclosure of your record to the public.

Certain deferred adjudication offenses can be sealed with non-disclosure.  See the list of offense not eligible by clicking here.

Deferred adjudication is given to many first-time offenders and is a special type of probation where the judge withholds a finding of guilt. If the person satisfactorily completes the community supervision period, the charges are “dismissed” and the person does not receive a final conviction (unlike with regular, or “straight,” probation).

Furthermore, if you have completed your deferred probation you may be eligible for a pardon which means that you then could get the offense expunged which would completely erase it.  You may be eligible if more than 10 years have passed since you completed deferred probation; you have no other convictions, and not more than one other arrest.   For more information, click here for our pardon services or click here to check out our new comprehensive guide that contains everything you need to apply for a Texas Pardon.

Non-disclosure order seals an offense from public disclosure but does not prevent law enforcement agencies from sharing the information with one another or with certain authorized agencies, such as:

• The State Board for Educator Certification;

• A school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;

• The Texas Medical Board;

• The Texas School for the Blind and Visually Impaired;

• The Board of Law Examiners;

• The State Bar of Texas;

• A district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;

• The Texas School for the Deaf;

• The Department of Family and Protective Services;

• The Texas Youth Commission;

• The Department of Assistive and Rehabilitative Services;

• The Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;

• The Texas Private Security Board;

• A municipal or volunteer fire department;

• The Texas Board of Nursing;

• A safe house providing shelter to children in harmful situations;

• A public or nonprofit hospital or hospital district;

• The Texas Juvenile Probation Commission;

• The securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;

• The Texas State Board of Public Accountancy;

• The Texas Department of Licensing and Regulation;

• The Health and Human Services Commission;

• The Department of Aging and Disability Services;

• The Texas Education Agency;

• The Guardianship Certification Board;

• A county clerk’s office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code;

• The Department of Information Resources, but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to the Department of Information Resources;

• The Department of Information Resources;

• A contractor or subcontractor of the Department of Information Resources;

• The Court Reporters Certification Board;

• The Texas Department of Insurance; and

• The Teacher Retirement System of Texas.

Obtaining an Order of Nondisclosure is not a simple process. You have to meet all the qualifications, present a Petition for Non-Disclosure to the Court, appear at a hearing and a judge still has to approve the non-disclosure. The decision to grant the request is discretionary with the Judge. The laws governing Non-disclosures can be complex, so it is best to hire an attorney who has experience in this area to represent you to ensure your petition is granted.

Our team of experienced non-disclosure attorneys have more than 30 years combined experience in clearing criminal records –  we know the system.  Let us put our knowledge and experience to work for you.   At Hopping Law Group, PC, our attorneys can help you clear your record throughout the State of Texas. If you have any questions concerning whether you are eligible to have your Texas criminal record sealed, you can contact us call us toll-free at (855) 773-4669 and speak with one of our Texas  Non-Disclosure Attorneys for a FREE eligibility consultation.