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HOW TO SEAL A CRIMINAL RECORD THROUGH A PETITION FOR NON-DISCLOSURE
For those who are not eligible for an expunction, the next best thing to protect your reputation is an Order of Non-Disclosure. A person who has successfully completed deferred adjudication probation may be able to obtain an order of non-disclosure from the court. Although it is not a total erasure order like an expunction, a non-disclosure order prevents government agencies from publicly disclosing criminal history information resulting from the offense. The criminal offense will determine whether a person is entitled to an order of nondisclosure and, if so when such an order can be obtained.
For most misdemeanors, a person may file a petition for an order of nondisclosure immediately after the discharge from probation and dismissal of the offense. However, some misdemeanors require a defendant to wait 5 years from the date of the discharge and dismissal of the misdemeanor offense.
Those offenses include:
- Unlawful restraint
- Public lewdness
- Indecent exposure
- Assault
- Deadly conduct
- Terroristic threat
- Disorderly conduct
- Harassment
- Unlawful carrying of a firearm
- Obstructing a highway or another passageway
- Interference with an emergency telephone call, stalking, and bigamy
This 5-year period, the applicant must not have received anything more than a citation for a fine-only type traffic offense. For most felony offenses, the applicant must wait 5 years from the date of the discharge and dismissal of the felony offense.
Obtaining an order of non-disclosure is very advantageous. A person who receives an order of nondisclosure may deny ever having been arrested or prosecuted for the offense unless the information is being used against the person in a subsequent criminal proceeding. However, an order of non-disclosure does not require the government to destroy the information. The information may be released to criminal justice agencies, non-criminal justice agencies authorized by statute or executive order to receive criminal history record information, and the person who is the subject of the criminal history information.
Private entities that compile and disseminate for compensation criminal history record information may not release information regarding an offense protected by an order of non-disclosure. A district court may issue a warning to a private entity for a first violation but faces a civil penalty not to exceed $500 for each subsequent violation. The Attorney General or District Attorneys' office may sue to collect.
APPLYING FOR A NON-DISCLOSURE ORDER
If you hire our attorneys, after determining that you qualify, we will file a Petition for Non-disclosure Order in the court that originally heard the case. The petition is the written request that the judge grant an Order for Non-disclosure. Judges typically have more discretion when it comes to reviewing requests for non-disclosure than expunctions. This can be good for petitioners, but judges will deny the request if justice will not be served if granted.
ONCE THE ORDER FOR NON-DISCLOSURE IS GRANTED
After the court grants the non-disclosure order, the records relating to the offense will no longer be accessible to the public but will continue to be accessible to government agencies and certain licensing boards. This can benefit you when applying to jobs and educational programs in the private sector.
Let the expunction attorneys at Hernández Dauphin Legal, P.C. help you decide if you qualify for an expunction or non-disclosure order. You deserve a clean slate, and we can make it happen for you.
Call us at (210) 970-7019 or complete our online form for a consultation.
RECORD EXPUNGEMENT & SEALING ATTORNEYS IN SAN ANTONIO
WHAT ARE CRIMINAL RECORD EXPUNCTIONS?
If you have ever been arrested for an offense that was either dismissed, acquitted, or reduced to a Class C misdemeanor, you may be eligible to have that incident permanently erased or sealed.
Due to the Texas Open Records Act, arrest records can be accessed by the public for things like:
- Employment background checks
- Apartment leasing checks
- Lenders
- Adoption background checks
This means landlords, future employers, lending companies, and others can discover any prior criminal conduct by simply searching for your name at the courthouse or on-line with several web-based criminal record database companies. Unfortunately, once many of these people find out about your past legal problems, they may be reluctant to do business with you.
Give yourself a fresh start and get your case expunged. Once expunged, these items are all erased from your criminal record:
- Fingerprints
- Booking photo
- Arrest report
- Local county records
- DPS records
If you are eligible for an expunction, you should contact an attorney to make sure that it is done right. If you are unsure if you qualify, contact Hernández Dauphin Legal, P.C..
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So grateful to have had such an amazing attorney. India
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Christine is trustworthy, knowledgeable and compassionate. She was outstanding at all times. Angelica
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Juan Carlos Hernández and his team truly are the best! Edward
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What Sets Our Firm Apart
- Compassionate and Understanding Legal Advocacy
- Free & Confidential Consultation On Your Case
- Personalized Approach & Attention To Each Case
- Over 4 Decades of Combined Experience
- Se Habla Español
- Our Attorneys Are Former Judges
