Non Disclosures
McKinney Non-Disclosure Attorney
One-on-One Legal Guidance Informed by 16 Years of Professional Experience
As you try to reintegrate into society by applying for work or school, you may be facing roadblocks due to your criminal record. Conviction is not the end of the world, however. The Law Office of Chris Fredericks can help you petition for non-disclosure of certain crimes on your record that can seal them from the public eye. This might improve your chances of getting the fresh start you deserve. Attorney Chris Fredericks is a direct, assertive attorney who will work one-on-one with you from the start of your case to the very end.
Schedule a free consultation with the Law Office of Chris Fredericks online to discuss your legal options for non-disclosure. You deserve an experienced lawyer who prioritizes direct, individualized representation.
What Is a Non-Disclosure?
Even if a person has been discharged, they may still sustain a mark on their criminal record. A Texas non-disclosure order seals part of a defendant’s criminal record. The order can bar most public entities (e.g., courts, law enforcement, prosecutorial offices) from sharing information about the sealed conviction. As a result, a convicted individual who has obtained a non-disclosure does not have to report the offense on most job applications. Note that a non-disclosure order only applies to a particular criminal offense and not to all offenses on the person’s criminal record.
There are several types of non-disclosure orders, which each have their own requirements for petitioning. The types of orders include:
- Section 411.072 – for deferred adjudication community supervision, certain nonviolent misdemeanors;
- Section 411.0725 – for deferred adjudication community supervision, felonies and certain misdemeanors;
- Section 411.0735 – for conviction of certain misdemeanors;
- Section 411.0731 – for community supervision following conviction, certain DWI convictions;
- Section 411.0736 – for conviction for certain DWI convictions.
Getting a Non-Disclosure Order
If you meet the eligibility requirements, you may begin the non-disclosure process by filing a petition with the clerk of the court that handled your case. You may also need to prepare the following documents to prove your eligibility, depending on your case:
- a copy of the judgment;
- a signed order or document showing that the judge reduced the period of deferred adjudication, community supervision (probation), or confinement, or granted an early termination;
- a signed order or document showing that you successfully completed your deferred adjudication or probation;
- a signed order or judgment showing that the judge dismissed the proceedings and discharged you;
- a signed order showing that the judge set aside the verdict in your case or permitted you to withdraw your plea and dismissed the accusation, complaint, information, or indictment against you; and
- a signed order or judgment reflecting any affirmative findings made by the judge, such as findings that it is not in the best interest of justice for you to receive an automatic order of nondisclosure, any finding having to do with family violence, and any finding that requires you to register as a sex offender.
If the court decided to grant you the non-disclosure order, the clerk will send a copy of the order to the Department of Public Safety within 15 business days of the judge signing the order. Within 10 business days following, the DPS will seal the offense and send a copy of the order to the appropriate federal agencies. Contact the Law Office of Chris Fredericks with questions about the process. We can help you with your non-disclosure case from beginning to end, helping you to determine your eligibility, choose the right non-disclosure petition, and wait for the final notice of sealing.
Schedule a free consultation with the Law Office of Chris Fredericks online to discuss your legal options today.
Eligibility for Non-Disclosure
You must satisfy the following basic requirements in order to be eligible for non-disclosure:
- You have never been convicted or placed on deferred adjudication for the following offenses:
- An offense requiring registration as a sex offender
- Aggravated kidnapping
- Murder or capital murder
- Trafficking of persons
- Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violating court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case
- Stalking
- The offense for which you seek non-disclosure is not related to family violence.
- You were not convicted or placed on deferred adjudication for another crime during the required waiting period (depends on the type of non-disclosure order requested).
Note that specific non-disclosure orders may call for additional requirements unique to the type of order.