Dallas Texas Non-Disclosure Lawyer
Are You Eligible for an Order of Non-Disclosure?
A new Texas law has been passed recently to help persons that have successfully completed a deferred adjudication probation to have their arrest, charge and probation 'sealed' from their records. It even allows them to deny that the arrest and charge ever occurred. With the online proliferation of criminal background searches and companies looking into employees past, this can help you save your job, even if you are not eligible to expunge or get a full expunction of your criminal records.
At the law office of J. Michael Price II in Dallas, Texas, Mike can help you set the record straight. Through an order of non-disclosure we work to help you clear your record and your name.
If you have a criminal record call our office at 214-651-1121 to find out how our lawyer can help clean up your record.
Orders of NonDisclosures
Having your name come up on a criminal background check can create barriers for people looking for:
Many people are even surprised to discover they have a criminal record after they have completed a deferred adjudication probation and were told by their lawyer, judge or probation officer that the charges were 'dismissed'. This is not true!! These charges can and will remain on your record until you take legal action to have them sealed. The first step toward protecting your name is knowing what is on your record.
A person who has successfully completed a deferred adjudication probation may be able to obtain an order of nondisclosure from the court. This 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 two 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 highway or other passageway, interference with emergency telephone call, stalking, and bigamy. During this two year period, the applicant must not have received anything more than a citation for a fine-only traffic offense.
For most felony offenses, the applicant must wait five years from the date of the discharge and dismissal of the felony offense.
Not all defendants who successfully complete a deferred adjudication probation are entitled to an order of nondisclosure. A person is not eligible if he/she has ever been convicted or placed on deferred adjudication for: an offense requiring registration as a sex offender, aggravated kidnapping, murder, capital murder, injury to a child/elderly/disabled individual, abandoning or endangering a child, violations of a protective order or magistrate's order, or any offense involving family violence.
Obtaining an order of nondisclosure is very advantageous. A person who receives an order of nondisclosure my deny 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 nondisclosure 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 do so with respect to which an order of nondisclosure has been issued. 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 prosecutor may sue to collect.
Once you understand what you are up against, whether a record for a completed probation served following a plea bargain, a juvenile record that has not been properly sealed or an arrest without conviction, Mike can put strategies to work for you. We can help you seal your record by filing a petition for an order of nondisclosure.
Schedule a No-Cost Consultation Today
Call our office at 214-651-1121 or contact us online to discuss how we can help you clear your criminal record and clear your name. Even persons that have been placed on probation years ago and had their probation discharged and case dismissed need to have their record cleared. We will work to put an order of nondisclosure to work for you.