Houston Orders of Non Disclosure Attorney

Criminal background checks are all too common, and they can reveal indiscretions that result in missed opportunities. If a defendant received deferred adjudication for a particular offense, he or she could be eligible for non-disclosure, which would mean the records concerning those particular charges would effectively be sealed.

WHAT IS DEFERRED ADJUDICATION?

Deferred adjudication occurs whenever a defendant pleads either “no contest” or guilty to certain offenses in exchange for a much lighter sentence. The court will then require that individual to meet certain goals within a specified time frame, and once that happens, the case may be formally dismissed.

Although an individual received deferred adjudication, information about a particular arrest may still be made available to the public. A non-disclosure order is needed if that person is to avoid having this information readily available.

HOW IS A NON-DISCLOSUREORDER OBTAINED?

A waiting period of usually between two to five years is required before petitioning the court for an order of non-disclosure. In petitioning the court, a criminal defense attorney will attempt to  show that:

  • The individual satisfactorily completed their sentence.
  • No subsequent arrests have taken place.
  • The charged crime qualifies for a non-disclosure order under Texas law.

AFTER AN ORDER IS ISSUED

After a judge issues an order for non-disclosure, the appropriate law enforcement agencies will be notified, and the record is effectively sealed.

Even though employers and property owners should not be able to obtain information about a person’s arrest, certain government agencies and licensing organizations may nonetheless have access to it.

These agencies are listed in Section 411.081 of the Texas Government Code and can include:

  • State Board of Education
  • Texas Medical Board
  • State Bar of Texas
  • Department of Family and Protective Services
  • Texas Youth Commission
  • Municipal or volunteer fire departments

GET HELP FROM A NON-DISCLOSURE ORDER LAWYER IN HOUSTON, TX

A lapse in judgment doesn’t have to ruin you for life. If you have successfully completed deferred adjudication, contact a non-disclosure order lawyer for help with petitioning the court. Houston criminal defense lawyer James Alston is a dedicated legal professional who believes each person should have the best opportunity possible to get their life back on track after an  arrest. Contact the Law Office of James Alston at 713-228-1400.

WHAT IS DEFERRED ADJUDICATION?

Pursuant to Texas Code of Criminal Procedure 42.12, Section 5, deferred adjudication is a special form of judge-ordered community supervision (probation) that permits a defendant to accept responsibility for a crime without an actual conviction being placed on the record. A defendant charged with a misdemeanor crime, except for driving while intoxicated, may be eligible. Some felony charges may be eligible for Deferred Adjudication as well, please contact Criminal Defense Attorney James Alston at 713-228-1400 for further information.