Written by What Is a Non-Disclosure Order?
A non-disclosure order keeps your criminal record out of sight. It keeps private employers, landlords, and others froIn Texas, a non-disclosure order enables people to wipe their records from the public record. It gives them a second chance. But not everyone qualifies. Some offenses are too serious and illegal. If you’re unsure about your case, a Frisco non disclosure attorney can explain if you qualify and walk you through the legal process. A non-disclosure can liberate you. It can make it easier to find a job, housing, or get into school. But knowing what disqualifies you is as useful as knowing what qualifies. i’m seeing it in background checks. The record remains, but it is no longer public.
This is different from expungement, which deletes the record entirely. Non-disclosure is for people who complete deferred adjudication and meet all the requirements of the law. But not all offenses qualify.
Offenses That Never Qualify
Texas legislation is specific regarding what offenses cannot be hidden. If you were deferred adjudication or charged for certain offenses, you are excluded by default. These include:
- Family Violence
Any family violence offense is not admissible for non-disclosure. Even if you completed deferred adjudication successfully and met all conditions, this type of offense still appears on your record. Texas does not take domestic violence lightly.
- Sexual Offenses
Sexual offenses are not included in non-disclosure. These are sexual assault, aggravated sexual assault, indecency with a child, and possession of child pornography. If your offense is one of these, you cannot get a non-disclosure.
- Murder and Capital Murder
You cannot seal a conviction or deferred adjudication for murder or capital murder. These are two of the most serious offenses in Texas law. The state does not allow any sealing of records in these cases.
- Human Trafficking and Related Offenses
Human trafficking or prostitution-related offenses are also permanently excluded. The state considers these offenses to be harmful and wants them to remain open.
- Certain Crimes Involving Children
If your offense was against a child, either harming or threatening, or if you were the accused in offenses like abandoning a child, you are not eligible for non-disclosure. Texas does protect children and maintains open records.
Other Disqualifiers to Know
Even if your offense is not included on this list, you can still forfeit eligibility if specific requirements are satisfied. If you have been convicted of another offense since your case was disposed of, or if you did not comply with all the conditions of your deferred adjudication, you may lose eligibility.
Also, if you were put on standard probation or were jailed, you may not be eligible unless your case is covered by special laws that permit it. Timing also counts—there is typically a waiting period before you can request a non-disclosure.
Why It Matters?
Having a public record of crime can affect many facets of your life. Employers, landlords, and schools all have access to it. Even if you didn’t get convicted, having the charge or being arrested can ruin your chances.
That is why it’s valuable to be aware of your choices. If your offense isn’t qualified, your lawyer can help determine alternative solutions. They can look into expungement or negotiate ways to explain your record during background checks.
Seek the Appropriate Legal Advice
Some people feel that they qualify for non-disclosure merely because they were not convicted. That may not be true. The legislation is complex and changes over the years.
An experienced federal criminal defense lawyer in Frisco TX, can review your history and guide you through just what you can do. They can also help with the paperwork and represent you in court if required. It might make you commit errors trying to do it yourself. Having a lawyer gives you the best possible chance of being successful and keeps everything running smoothly.
Not all offenses in Texas qualify for non-disclosure. All family violence crimes, sexual offenses, murder, human trafficking, and child-related offenses are always excluded. Past convictions and probation terms can also disqualify you.
Learning the laws is step one. With the help of an attorney, you can figure out the most beneficial action to take to protect your future. Don’t feel you’re stuck—ask questions, research your options, and take back control of your life.
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