The benefits of an order of nondisclosure in Texas

On Behalf of | May 7, 2020 | Criminal Defense

Having a criminal record is something that hangs over a person’s head. No matter the crime, it has the tendency of sticking with a person. This not only influences how an individual in Texas lives his or her life, but it also impacts how society will treat them. In some cases, this can get significantly disruptive, preventing the accused from leading a normal life. In these matters, it may be most beneficial for them to essentially have his or her criminal history sealed.

For those seeking to reduce the burdens caused by a criminal history, filing for an order of nondisclosure might be the most favorable step to take. This order would prohibit public entities, which includes courts, clerk of courts, law enforcement agencies and prosecutorial offices, from disclosing certain criminal records.

When job applications ask an applicant about their criminal history, if there is an order of nondisclosure, the applicant is not required to disclose any information related to any offense that is subject to the order. Thus, he or she could say that they do not have a criminal history.

It should be noted that an order of nondisclosure does not apply to all crimes and offenses. Furthermore, when an order of nondisclosure is obtained, this does not mean that it covers all charges on his or her record. However, it may be possible to obtain multiple orders of nondisclosure in order to address multiple offenses.

One should be aware that there are exceptions to the rule. While the general rule states that public entities from disclosing criminal records subject to the order of nondisclosure, certain criminal justice and state agencies have the authority to obtain criminal history information even when an order of nondisclosure exists.

Having a criminal record can feel very daunting; however, there are ways to reduce the impacts of a criminal history. If you seek to obtain an order of nondisclosure, it is important to understand how this works and if it is the best approach for your situation.

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