If you are not able to get your arrest or criminal record expunged you may want to consider an Order of Nondisclosure.
Under certain circumstances, we can ask the court for an order of nondisclosure.
This order legally frees you from having to disclose certain criminal offenses in your past.
An order of nondisclosure also prohibits certain (but not all) government agencies and entities from disclosing information about certain criminal records.
A nondisclosure order seals part of your criminal record. The order stops public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from sharing information about the sealed offense.
If you have a nondisclosure order for an offense, you do not have to enter the offense on most job applications when a prospective employer asks about any past criminal record.
There are exceptions to the nondisclosure with a handful of Texas state agencies that may still obtain information concerning an offense that is the subject of an order of nondisclosure.
Please note that a nondisclosure order applies only to a single particular criminal offense.
The order does not apply to all offenses that may be on your criminal history record. You are able to get multiple Orders of Nondisclosure for multiple offenses.
The Texas Office of Court Administration does recommend that you contact a lawyer when you need legal advice on nondisclosures. They say that a lawyer will be in the best position to advise you as to what you should do. They say that without the advice and help of a lawyer, you may not properly seek an order of nondisclosure. This may cause your petition for an Order of Nondisclosure to be denied.
One of the more common uses of the Order of Nondisclosure occurs in DWI cases.
In order to be eligible to petition the court for non-disclosure of a DWI, certain conditions must be met including:
- This must be a person’s first Driving While Intoxicated offense,
- Their blood alcohol concentration was less than 0.15,
- They have never been convicted of another crime or placed on deferred adjudication community supervision (does not include minor traffic offenses),
- They must have successfully served any jail time and completed any community supervision,
- They must have paid all fines, court costs and made any restitution that was a part of their sentence, and
- The applicable waiting period for petitioning the court has elapsed.
The following waiting periods apply to petitions for non-disclosure involving DWI related offenses:
- Two years from the successful completion of their sentence if the person was ordered to equip their vehicle with an ignition interlock device for a period of at least six months, or
- Five years from the successful completion of their sentence if the court did not order that an ignition interlock device be installed.
It should be noted that an order of non-disclosure will be denied if the state presents evidence that establishes that the underlying DWI caused an accident that involved another person, including a passenger who was in the defendant’s vehicle.
A DWI is not subject to an order of non-disclosure if:
- This was the second or third DWI related offense for a person,
- The person’s blood alcohol content was in excess of 0.15,
- The applicable waiting period has not expired; 2 years or 5 years,
- The underlying DWI involved an accident that included another person.
Blizzard and Zimmerman Attorneys are able to assist you with an Order of Nondisclosure so contact us today to schedule an attorney consultation.
Order of Nondisclosure Types
The types of nondisclosure orders include:
- Section 411.0736, Government Code (conviction; certain Driving While Intoxicated convictions)
- Section 411.0731, Government Code (community supervision following conviction; certain Driving While Intoxicated convictions)
- Section 411.0726, Government Code (deferred adjudication community supervision; certain Driving while Intoxicated and Boating while Intoxicated misdemeanors)
- Section 411.072, Government Code (deferred adjudication community supervision; certain nonviolent misdemeanors)
- This section only applies to misdemeanor deferred adjudication cases where the defendant received a discharge and dismissal after September 1, 2017. If your misdemeanor deferred adjudication case was dismissed before September 1, 2017, then the case would fall under the following section, Section 411.0725.
- Section 411.0725, Government Code (deferred adjudication community supervision; felonies and certain misdemeanors)
- Section 411.0727, Government Code (successful completion of Veteran’s Treatment Court Program)
- Section 411.0728, Government Code (victims of trafficking of persons)
- Section 411.0729, Nondisclosures for completing a veterans reemployment program
- Section 411.073, Government Code (community supervision following conviction; certain misdemeanors) and
- Section 411.0735, Government Code (conviction; certain misdemeanors)
Basic eligibility requirements of Nondisclosure Orders
Although the requirements of each section are different, in order to be eligible for a nondisclosure order under any of them, you have to first satisfy the basic requirements of Section 411.074, Government Code. There are three basic requirements under Section 411.074.
Some types of nondisclosure orders make you wait a certain amount of time after you finish your case before you can apply. These waiting periods range from 180 days to five years.
The attorneys and staff here at Blizzard & Zimmerman Attorneys have the tenacity and dedication to give your situation the time and attention it requires. Contact our team today to schedule a one-on-one confidential attorney consultation.