Orders of Non-Disclosure
Houston Orders of Non-Disclosure Lawyer – Brett Podolsky
In Texas, an order of non-disclosure is issued by the court, and it prohibits a person’s criminal record from being shown to the public. The record remains sealed and may only be disclosed to certain entities. The following are some examples of organizations that may view a criminal record in spite of an order of non-disclosure:
- Educational institutions such as school districts, boarding schools and state boards
- The Texas Department of Family and Protective Services and other departments that guard the well-being of children
- Public or non-profit hospitals
- The Department of Licensing and Regulation
- The Juvenile Probation Commission
- A district court (when a person applies to legally change their name)
Benefits of an Order of Non-Disclosure
Through the process of non-disclosure, an individual’s criminal record can be made “invisible” to most groups and people. What this means is, the defendant’s criminal record will still exist, but most organizations that perform criminal background checks won’t be able to see or detect the specifics of the defendant’s record. An expunction is different from an order of non-disclosure because the former erases a person’s criminal record, while the latter simply hides it from view.
By obtaining a non-disclosure order, a person can avoid the harmful effects of background checks, which tend to prevent people from securing gainful employment, adequate housing or loans just because they had a previous run-in with the law. An experienced non-disclosure attorney will be able to file the proper petition and successfully argue the case in court. The possible venues of defense protect an offender’s future and allow him to recover from previous mistakes. The embarrassment and fear of a background check can be completely eliminated by acquiring the help of a seasoned attorney. In many cases, a non-disclosure lawyer may offer to contact a potential employer or money lender and explain the circumstances, thus increasing the petitioner’s odds of obtaining a job or loan.
Requirements for an Order of Non-Disclosure
Deferred adjudication allows a person to seal his criminal record. If the adjudication was successfully completed, an individual may be eligible for a non-disclosure order under one of three methods. However, there is no possibility for an order of non-disclosure if the person’s conviction was final.
Immediate non-disclosure may be granted for criminal offenses such as:
- Possession of marijuana
- Criminal mischief
- Petty theft
- Writing bad checks
- Criminal trespassing
- Illegal gambling
A defendant has to wait two years before applying for non-disclosure of the following crimes:
- Unlawful carrying of weapons
- Indecent exposure
- Disorderly conduct
- Public lewdness
And lastly, petitioning for non-disclosure of the following crimes is possible after five years:
- Home burglary
- Possession of a controlled substance
- Possession of child pornography
Call an Order of Non-Disclosure Lawyer
To help make sure that your life is not in jeopardy, you have to contact a non-disclosure attorney who serves clients in your residential area. There is no reason to allow your past to tarnish your future.
People who live in Houston can call Brett A. Podolsky at 713-227-0087 to set up a free legal consultation.