Nondisclosure in the State of Texas
If you are convicted of a crime, you face a myriad of negative consequences that will reverberate into your future, and that goes far beyond the penalties and fines you face. The fact is that a conviction can have social consequences that are even more difficult to overcome, including limitations on your ability to get a job, rent a home, further your education, obtain a loan, and more. However, the law does offer some relief – in some instances (which have been expanded in recent years) – in the form of an Order of Nondisclosure.
Sealing Your Record
An Order of Nondisclosure serves to seal a specific part of your criminal record and prevent entities such as law enforcement agencies, prosecutor offices, clerks of court, and courts from sharing that sealed information. Further, you are not required to disclose the sealed information on most employment applications. There are, however, specific agencies that will be able to access even that part of your record that is sealed by the Order of Disclosure. Each Order applies to only one qualifying offense. Still, it is possible to obtain more than one Order if you have more than one offense that qualifies.
Who Is Eligible?
When it comes to eligibility for Orders of Nondisclosure, all the following apply:
The offense in question must be a misdemeanor that does not reach the level of a Class A misdemeanor.
A Driving while Intoxicated (DWI) conviction is usually a Class B misdemeanor, which qualifies, but if your blood alcohol content (BAC) was greater than .15 percent (almost twice the legal limit), it is a Class A misdemeanor that does not qualify.
If your moving violation involved another person – including another person in your own vehicle – being injured, you are not eligible for an Order of Nondisclosure.
You must have successfully completed any probation that was sentenced, including successfully completing any term of confinement and successfully paying all fines, court costs, and restitution.
You must not have a deferred adjudication for a prior offense – other than a traffic offense that required no time behind bars. Further, if you have a prior conviction involving a sexual offense, domestic abuse, human trafficking, serious violence, and more, you will not be eligible to have the conviction in question sealed (even if the crime involved might qualify).
Obtaining an Order of Nondisclosure to seal a conviction is often complicated and requires exacting attention to detail. Still, it can also provide you with the ability to move forward into your future unencumbered by negative social consequences.
Seek the Experienced Legal Counsel of a Killeen Criminal Defense Attorney
An order of nondisclosure can provide you with important protections. Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is committed to employing his considerable experience, skill, and compassion in his focused effort to help you put your legal past behind you. You deserve a fresh start, so please do not hesitate to contact us online or call us at 254-501-4040 for more information today.