Record Sealing in San Antonio with Orders of Nondisclosure

Texas residents who have a criminal record and are ineligible to have their record expunged may be eligible to have their record sealed. While sealing a record will not prevent law enforcement, state agencies, or licensing divisions of the state from obtaining information about your arrest, your record will not be available in typical background checks ordered by employers and landlords.

Requirements for Nondisclosure in Texas

If you have been charged with a misdemeanor and were given probation, the process is straightforward. Once you have completed the probationary period, providing you have not been convicted of another charge, or been placed on probation for another charge, you may file an Order of Nondisclosure immediately. It is important to note that if you receive a traffic ticket during the time you are on probation, or immediately after, it will not prevent you from having your record sealed.

Those who have received deferred adjudication for charges such as assault, disorderly conduct, and other Class A or Class B misdemeanors must complete the deferred adjudication and wait for an additional two years. During the two-year waiting period you cannot be convicted of an additional crime. Once the two years has passed, you can then request your records be sealed. It is important to speak with an attorney who has experience with Orders of Nondisclosure as well as expungement since it may be possible to have your record expunged.

Those who were facing a felony charge in Texas are required to wait at least five years from the completion of deferred adjudication. There are some crimes, including child abandonment, family violence, or harassment (among others) which would make you ineligible for nondisclosure or expungement.

 

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Having a criminal record can reduce your chance of getting a job offer by 50%.1  Expunging your record can help you get the job you deserve, the home you want to rent, or the education you seek. Find out if you’re eligible to have your record expunged by calling us our taking our free online eligibility test.

1. Binyamin Applebaum. Out of Trouble, but Criminal Records Keep Men Out of Work, NYTimes.com, February 28, 2015.

Difference Between Expungement and Sealing

Those who can have their record expunged in Texas will have no criminal record to refer back to. This is because all records must be destroyed by all agencies which means there is no documentation of any crime having taken place. This also allows you to say truthfully that you were never arrested. One need never admit to having their record expunged.

With nondisclosure, or record sealing, it is different. An order of nondisclosure does not result in the destruction of your criminal records, instead it merely limits who has access to them. Your criminal record still exists but may not be disclosed to background search companies, landlords, private investigators, employers or landlords.

Sealing a record still allows some access. For example, law enforcement state regulatory agencies including licensing bureaus, county and municipal hiring firms and schools and hospitals may also be able to access your record if requested. The biggest difference is if you are asked about an offense under oath, you cannot deny that you have a record.

Whether you are considering requesting your record be expunged, or need to have a record sealed, it is a good idea to work with an attorney. The processes for both are complicated, and there are certain forms which must be completed and submitted. If you are considering having your record expunged, or requesting an order of nondisclosure, contact our office for help. I have taken the time to understand both of these processes and can help ensure the process is followed carefully which could increase your chances of success.

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