Nondisclosure

From the Law Office of Alison Grinter in Dallas, Texas

What is a Nondisclosure?

An Order for Nondisclosure is a way to clean up a person's criminal history record. It is similar to an Expunction but it is not quite as good. An expunction deletes all record of an arrest and criminal case. A Nondisclosure only prevents the clerk, prosecutor, and police from telling people about the matter. This means that it will not be reported to public data collectors and it should not show up on a background check performed by an employer or apartment complex, but police agencies will still be able to find it, as well as certain other groups (see below)

Who can get a Nondisclosure?

A Nondisclosure is available to people who receive and successfully complete Deferred Adjudication. There are a few exceptions, and certain offenses have a waiting period. See the charts below:

Type of Offense	Date for Filing
Misdemeanor under Chapter 20, Chapter 21, Chapter 22, Chapter 25, Chapter 42, or Chapter 46	Anytime on or after the 2nd anniversary of successful discharge of Deferred Adjudication
Any Other Misdemeanor	Anytime following successful discharge of Deferred Adjudication
Any Felony	Anytime on or after the 5th anniversary of successful discharge of Deferred Adjudication

But, you are not eligible for a nondisclosure if:

AFTER the successful completion of Deferred Adjudication during the waiting period in the chart above, you were convicted or given Deferred Adjudication for any offense other than a traffic offense. OR
You have EVER been convicted or been given Deferred Adjudication for:
- Anything that requires Sex Offender Registration
- Murder
- Aggravated Kidnapping
- Capital Murder
- Abandoning or Endangering a Child
- Violation of a Protective Order or Magistrate's Order
- Stalking
- Any other offense involving Family Violence

Who can learn about cases that are subject to an order for Nondisclosure?

All criminal justice agencies that hold your record will still have it even after an order for Nondisclosure is granted, but they are prevented from informing other people who ask about it, except if the requesting agency is on this list. If these agencies make a request for your criminal record, they will hear about your arrest even if it is subject to an order for Nondisclosure:

The State Board for Educator Certification
A school district, charter school, private school, or religious school, an education shared service arrangement
A commercial transportation company
The Texas Medical Board
Texas School for the Blind & Visually Impaired
The Board of Law Examiners
The State Bar of Texas
A District Court regarding a petition for name change
Texas School for the Deaf
Texas Department of Family & Protective Services
Texas Youth Commission
The Department of Assistive and Rehabilitative Services
Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation
The Texas Private Security Board
A municipal or volunteer fire department
Texas Board of Nursing
A safe house providing shelter to children in harmful situations
A hospital or hospital district
Texas Juvenile Probation Commission
The securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner
The State Board of Public Accountancy
Texas Department of Licensing and Regulation (licenses many different professions)
The Health and Human Services Commission
The Department of Aging & Disability Services
The Texas Education Agency