Record Sealing Attorney: Orders of Non-Disclosure

Most people erroneously believe that their record is "cleared" upon the successful completion of Deferred Adjudication.  Many people are extremely surprised that nothing could be further from the truth.

An Expunction is only granted to those who received a dismissal or an acquittal following a criminal case.  However, those who complete "Deferred Adjudication" probation may be eligible to receive an Order of Non-Disclosure.  This provides individuals with the ability to seek a limited "sealing" of their Texas criminal history record.  Please note that if your Deferred Adjudication probation was imposed by the justice court or municipal court for a Class C misdemeanor, then you may be entitled to seek an Order of Expunction in lieu of an Order of Nondisclosure.  However, this is not the case if your Class C charge was reduced from a higher charged criminal offense.

Under Section 411.081(d) of the Texas Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the individual was placed on Deferred Adjudication Probation by issuing an Order of Non-Disclosure.  However, pursuant to Section 411.081(e)(1)-(4), there are some offenses for which an Order of Non-Disclosure is not available. These include, but may not be limited to, offenses include crimes that require registration as a sex offender, aggravated kidnapping, murder, injury to a child, stalking, or any offense that involves family violence. Moreover, an individual may also be disqualified if they commit any offense (other than a minor traffic violation) after the Deferred Adjudication has been completed (but before filing the Petition seeking the Order for Non-Disclosure).

There are waiting periods for filing a Petition seeking an Order of Non-Disclosure under Section 411.081(d).  Hence, you may be required to wait a certain period of time after the date of discharge and dismissal of your criminal case before filing the Petition.  The waiting period, if any, will depend on the type of offense you are seeking to "seal" from public view.   There is a 5-year waiting period for ALL felony offenses.  There is also a 2-year waiting period for misdemeanor offenses listed under Section 411.081(d)(2), including, but not limited to, assault, deadly conduct, disorderly conduct, and unlawfully carrying a weapon.  There is not a waiting period for all other misdemeanor criminal offenses.  Section 411.081(d)(2) only pertains to offenses under Chapters 20, 21, 22, 25, 42, or 46 of the Texas Penal Code.

The effect of having the criminal arrest "sealed" with an Order of Non-Disclosure is very powerful.  The individual may deny the existence of the arrest and prosecution to which otherwise public information relates, unless it is being used against her/him in a subsequent prosecution. Texas Government Code, Section 552.142. What this basically means is that a person can deny the very occurrence of the case, unless they are testifying at a trial and then would have to admit they successfully completed deferred adjudication (and subsequently had their record sealed). While not an expunction technically, this still is a very effective technique for having records sealed for most people looking to keep potential employers from viewing past indiscretions.  

After the Order of Non-Disclosure is granted by the judge presiding in the court where your original criminal case transpired, the Texas Department of Public Safety (DPS) must provide a copy of the Order of Non-Disclosure to all private entities that have the ability to access the Texas DPS criminal database. This should prevent members of the general public from having access to information about your criminal offense that was the subject of the Order. The biggest difference, in this respect, in the difference between an Expunction and a Non-Disclosure is that certain entities WILL have access to your criminal record.  These entities include criminal justice agencies, school districts, public hospitals, and state licensing boards (all of these are government agencies).  However, these governmental agencies/entities will no longer will able to legally release the information contained to members of the general public or to non-exempted employers who are trying to perform a background check on you.

Please call The Law Offices of Carl David Ceder at 214.702.CARL(2275) to discuss any questions you have related to an Order of Non-Disclosure.  Our office can happily assist those in need of completent, thorough, and professional legal advice to all residents of Texas, especially those in the Dallas-Fort Worth metroplex, including those in Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Rockwall County, and all adjoining areas. Call our office today for a free consultation.

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Carl David Ceder is an experienced Record Sealing Attorney with vast experience handling all types of Orders of Non-Disclosures for those who have successfully completed Deferred Adjudication Probation in Texas.  The Law Offices of Carl David Ceder, pLLC, serves the entire State of Texas, focusing on the Dallas-Fort Worth Metroplex, including all of Dallas and Dallas County, Plano, McKinney and all of Collin County, Denton County, Fort Worth and all of Tarrant County, Rockwall County, Ellis County, Kaufman County, and all adjoining counties:

  • Dallas County Non-Disclosure Record Sealing Attorney - Dallas, Highland Park, University Park, Addison, Cedar Hill, Carrollton, Cockrell Hill, Coppell, DeSoto, Duncanville, Garland, Grand Prairie, Grapevine, Irving, Lancaster, Lewisville, Mesquite, Richardson, Seagoville, Wilmer, Wylie
  • Collin County Non-Disclosure Record Sealing Attorney - Plano, McKinney, Frisco, Carrollton, Celina, Dallas, Fairview, Garland, Lucas, Melissa, Murphy, Nevada, New Hope, Prosper, Richardson, St. Paul, Westminster, Weston, Wylie
  • Denton County Non-Disclosure Record Sealing Attorney - Dallas, Argyle, Aubrey, Bartonville, Carollton, Coppell, Corinth, Denton, Flower Mound, Fort Worth, Hebron, Highland Village, Justin, Lake Dallas, Lakewood Village, Lewisville, Northlake, Plano, Prosper, Southlake, The Colony, Westlake
  • Tarrant County Non-Disclosure Record Sealing Attorney - Fort Worth, Keller, Southlake, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Flower Mound, Grapevine, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, River Oaks, Saginaw, Westlake
  • Rockwall County Non-Disclosure Record Sealing Attorney - Dallas, Fate, Heath, Mobile City, McLendon-Chisholm, Rockwall, Rowlett, Royse City, Wylie, Munson, Blackland
  • Kaufman County Non-Disclosure Record Sealing Attorney - Ables Springs, Combine, Cottonwood, Crandall, Dallas, Elmo, Forney, Grays Prairie, Kaufman, Kemp, Mabank, Mesquite, Oak Grove, Oak Ridge Poetry, Post Oak, Bend City, Rosser Scurry, Seagoville, Seven Points, Talty, Terrell
  • Ellis County Non-Disclosure Record Sealing Attorney - Bardwell, Cedar Hill, Ennis, Ferris, Grand Prairie, Glenn Heights, Mansfield, Maypearl, Midlothian, Ovilla, Pecan Hill, Red Oak, Waxahachie, Red Oak, Oak Leaf, Italy

Areas of Practice

 

Criminal Defense
  • All Criminal Defense Cases
  • Federal Charges
  • Juvenile Cases
  • Expunctions
  • Motions for Non-Disclosure
  • Motions to Revoke Probation
  • Federal Charges
  • Weapon Charges
  • Unlawful Carrying of a Weapon
  • Criminal Trespass
  • Terroristic Threat
  • Failure to Identify
  • Credit Card Abuse
  • Engaging in Organized Criminal Activity
  • Resisting Arrest
  • Evading
  • Theft
  • Shoplifting
  • Burglarly
  • Robbery
  • Murder
Personal Injury
  • All Personal Injury Claims
  • Car
  • Truck Accidents
  • Bicycle and Pedestrian Accidents
  • Motorcycle Accidents
  • Wrongful Death
  • Slip & Fall Claims
  • Premises Liability
  • Products Liability
  • Vehicle Defects
  • Medical Malpractice Claims
  • Day-Care Liability
  • Nurshing Home Negligence
DWI/DUI
  • All DWI Charges
  • Driving While Intoxicated (DWI)
  • Driving While Intoxicated (DWI) 2nd or More
  • Driving While Intoxicated with Child Passenger
  • Intoxication Assault
  • Intoxication Manslaughter
  • Driving Under the Influence (DUI)
  • Occupational Driving Licenses
  • Administrative License Revocation Hearings (ALR's)
  • Driving While License Invalid
  • Public Intoxication
  • Minor in Possession of Alcohol
Drug Charges
  • All Drug Charges
  • Possession of Marijuana
  • Felony Drug Charges
  • Possession of a Controlled Substance
  • Delivery of a Controlled Substance
  • Drug Manufacture/Sales
  • Trafficking
  • Importation
  • Cultivation
  • Marijuana
  • Cocaine
  • Methamphetamines
  • Prescription Drug Charges
  • Possession of Drug Paraphernalia
  • Possession of Manufacturing Equipment
Assault Charges
  • All Assault Charges
  • Assault Bodily Injury
  • Domestic Violence
  • Assault & Family Violence
  • Protective Order Hearings
  • Aggravated Assault
  • Aggravated Assault with a Deadly Weapon
  • Sexual Assault
  • Aggravated Sexual Assault
  • Kidnapping
  • Manslaughter
  • Involuntary Manslaughter
White Collar Crime
  • All White Collar Crimes
  • Fraud
  • Mortgage Fraud
  • Credit Card Fraud
  • Insurance Fraud
  • Bank Fraud
  • Computer Fraud
  • Bribery
  • Embezzlement
  • Extortion
  • Money Laundering
  • Insider Trading
  • Securities Trading
  • Misapplying Property
  • Counterfeiting
  • Racketeering
  • Tax Evasion
Sex Offenses
  • All Sexual Offenses
  • Sexual Assault
  • Aggravated Sexual Assault
  • Sexual Assault of a Child
  • Rape
  • Statutory Rape
  • Indecency with a Child
  • Indecent Exposure
  • Lewd Conduct
  • Prostitution
  • Solicitation of a Prostitute
  • Child Ponography
  • Solicitation of a Minor
Family Law
  • Divorces
  • Child Support
  • Child Custody
  • Modifications
  • Adoptions
  • Orders of Protection

 

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