Concealing of Criminal Records: Nondisclosure in Texas
Many people mistakenly believe that a dismissed criminal case will completely erase their record. However, even if the case is dropped, the arrest record remains. This means that if someone checks your criminal history, your past records will still be visible.
In Texas, these public records can significantly impact your financial prospects, affecting your chances of securing employment, housing, and education. Fortunately, there is a legal process to seal or hide your records, protecting you from missed opportunities and allowing you to pursue success without the burden of your past.
What Is Texas Nondisclosure of Criminal Records?
Let’s start with what a criminal record is: it’s a document that shows if someone has been convicted of a crime, including details like the type of crime and when it happened. However, it also includes records of arrests and charges, even if those charges were dismissed. This distinction is crucial because many people mistakenly believe that a dismissed criminal case completely removes their record. However, the arrest record remains visible for legal and practical reasons, such as keeping accurate historical records and ensuring transparency in law enforcement activities.
Nondisclosure means keeping this information private or not sharing it. In this context, it means keeping someone’s criminal record, including dismissed charges and arrests, hidden from certain people or groups. This is achieved by filing a petition for nondisclosure, which, if approved, seals these records from public view.
Benefits of Nondisclosure: Why Does It Matter?
But why would anyone want to hide their criminal records? Well, if your request for nondisclosure is approved, your criminal record will not appear in most background checks. This approval allows you to move forward without being held back by past mistakes. Those who have made errors in the past have a second chance without their previous actions haunting them indefinitely.
If your criminal record is sealed through nondisclosure, most people will be unaware of your past indiscretions. Here are some of the benefits and why it is crucial:
- Job opportunities won’t be impacted by the criminal record.
- It is easier to apply for housing loans or applications.
- You have privacy; your history will remain confidential.
- Peace of mind, relief from stress, and prior mistakes will not judge you.
- You can build relationships with people without being judged as a criminal based on your past.
Requirements for Filing a Petition for Nondisclosure
If you have committed minor offenses or have maintained a clean record for a specific time, you might be eligible for nondisclosure. Typically, you need to apply for a petition order of nondisclosure in Texas to have your record sealed. To keep your criminal record private, here’s how you can request nondisclosure:
- Check your eligibility and ensure you have fulfilled your sentence, including probation or fines, and no additional crimes committed before requesting a nondisclosure order.
- Prepare the necessary documents, like your criminal record and identification. Obtain and complete the required application forms from the court or the Texas government website.
- File your completed forms with the appropriate authority, which may include paying a filing fee. Be prepared to attend a court hearing, if required, where you may need to explain why you deserve nondisclosure.
What are the Criteria for Nondisclosure in Texas?
Not everyone with a criminal record can have it sealed. Serious crimes or repeat offenses may not be eligible, and some job settings might still require background disclosure. In Texas, you must typically meet specific requirements to qualify for nondisclosure of your criminal record. Meeting these criteria improves your chances of getting your record hidden, giving you a better shot at a fresh start.
A. Minor or first-time offenders are likely eligible, whereas significant crimes, such as violent felonies, may not be.
Certain offenses are not eligible for nondisclosure. These include, but are not limited to:
- Any offense involving family violence, as defined by Texas law.
- Certain Serious Crimes: These include murder, capital murder, aggravated kidnapping, indecency with a child, sexual assault, aggravated robbery, and any offense requiring registration as a sex offender.
- Others: Offenses such as stalking or any other crime the court believes should remain on the record due to their severity.
B. They must have completed the deferred adjudication probation period, adhered to all conditions, and been officially discharged and dismissed from the deferred adjudication program.
C. There is a specific amount of time before an individual can apply for a nondisclosure order, depending on the offense:
- No Waiting Period: For certain misdemeanors, immediately upon discharge and dismissal from deferred adjudication.
- Two-Year Waiting Period: For other specified misdemeanors.
- Five-Year Waiting Period: For felonies. The waiting period starts with the discharge date and dismissal from deferred adjudication.
D. Should not have any new criminal convictions during the waiting period.
E. Ensure you have completed all court-ordered requirements, such as counseling or community service.
Common Myths About the Nondisclosure of Criminal Records
Understanding these myths is about dispelling misconceptions and empowering you to navigate the nondisclosure process with confidence and control. It will allow you to make sensible choices regarding your record, reducing stress and anxiety about the process.
- Myth: Nondisclosure means my record will be erased. Reality: Nondisclosure means your record is hidden from the general public, but government and law enforcement authorities may still access it.
- Myth: I can get nondisclosure for any crime. Reality: Eligibility depends on the nature of the offense and the Texas laws. Severe offenses might not be eligible.
- Myth: Nondisclosure happens automatically after a specific time. Reality: You must apply for nondisclosure and meet several requirements, such as completing your sentence and any waiting periods.
- Myth: Nondisclosure guarantees that I will get a job or housing. Reality: While it can help, employers and landlords might still inquire about your criminal background in certain situations.
- Myth: I can’t travel if I have nondisclosed records. Reality: Travel restrictions differ by country, but nondisclosure typically does not prevent international travel.
Arrested? Don’t Plea, Call Me!
If you have been job hunting or seeking opportunities but your criminal record is holding you back, consider applying for a nondisclosure. Navigating this process can be complex, so don’t hesitate to contact a skilled criminal defense attorney. The Texas Criminal Defense Group is here to help you understand the laws and procedures involved. From start to finish, we will work tirelessly to ensure your case is handled effectively and your rights are protected.