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Texas Nondisclosure Attorney
The following guide on nondisclosures is brought to you by the skilled criminal defense lawyers at The Hampton Law Firm. With our depth of experience in helping clients obtain nondisclosures and expunctions, we understand the importance of protecting your reputation. We are here for you and are ready to handle this process on your behalf. To learn more about nondisclosures, read this guide and reach out to The Hampton Law Firm today by calling (817) 826-9885 or contacting us online.
What Is A Nondisclosure?
A “nondisclosure” seals information regarding arrests and charges. You can think of nondisclosures as a path toward a second chance because it allows only police and similar governmental agencies access to your arrest records. As a result, a basic background check will not pull up information for the arrest. That information will remain sealed.
Still, just because you may be eligible for nondisclosure does not mean that you will receive one. It is also essential to understand that an Order of Nondisclosure applies only to the specific offenses you named. It will not seal your entire criminal history. Additionally, there are many reasons why the court may deny your petition for nondisclosure. You may have to convince the judge that they should grant the order.
Types Of Nondisclosures
In Texas, there are ten types of nondisclosures, here are the six most common ones:
1. Automatic nondisclosure (deferred for certain misdemeanors);
2. Nondisclosure for deferred felonies and all other misdemeanors;
3. Nondisclosure for certain misdemeanors with probation;
4. Nondisclosure for other convictions for certain misdemeanors;
5. Nondisclosure for DWI (driving while intoxicated) involving Probation; AND
6. Nondisclosure for other DWI convictions.
All the distinct types of nondisclosures must meet some basic requirements. Each of the types of nondisclosures listed above is described in detail below.
Basic Requirements For All Nondisclosures
Before you can determine if you can get a nondisclosure, you must understand the minimum requirements for all nondisclosures. No matter which category you use, the basic requirements for all nondisclosures are the same. They are:
1. You were never placed in a deferred status for any crime (other than a fine-only traffic offense) after you received your sentence or during the applicable waiting period; and
2. You have never been convicted or deferred for any of the following crimes:
For all nondisclosures except for automatic nondisclosures, you or your lawyer will also need to show that justice demands that you receive one. This means that the judge will need to believe that granting your nondisclosure is the fair and just thing to do. Or, in other words, based on your specific circumstances and the information you provide in your petition, you deserve to have your petition for a nondisclosure order granted.
Deferred For Felonies And All Other Misdemeanors
Under the second type of nondisclosures, you must meet the following requirements to qualify:
1. You received a discharge and case dismissal of the deferred adjudication
2. Receiving the nondisclosure would be just
3. You were placed on deferred adjudication for any felony or misdemeanor not included under automatic nondisclosures
4. After getting the discharge and dismissal, the waiting period has passed (five years for felonies and two years for the misdemeanors mentioned above or immediately for all other misdemeanors)
00:00 How To Clear Your Criminal Record Through A Non Disclosure In Texas
01:41 What Is A Non-Disclosure?
02:57 Main Ways To Get A Non-Disclosure
03:30 Consequences Of Having A Conviction On Your Records
04:59 Types Of Non-Disclosure
5:23 Requirements For A Non-Disclosure
06:11 Crimes That Make You Ineligible For A Non-Disclosure
07:00 Requirements To Get A Non-Disclosure
8:24 DWI Cases
11:00 How To Get A Non-Disclosure
11:26 Expunction vs. Non-Disclosure
12:13 When Can You Use Your Non-Disclosure?
12:40 Am I Eligible For A Non-Disclosure?
12:52 How Much Does A Non-Disclosure Cost?
14:05 Does A Non-Disclosure Erase My Criminal Record?
14:29 Do You Have To Tell A Non-Law-Enforcement About Your Non-Disclosure?
15:10 How We Can Help You
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