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. Since charges of sexual assault, indecency with a child, or any type of violent crime can have devastating effects on your life, it’s important to know that 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:
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.
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:
A defendant has to wait two years before applying for non-disclosure of the following crimes:
And lastly, petitioning for non-disclosure of the following crimes is possible after five years:
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.