Texas Order of Nondisclosure

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Texas
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TX-CV-ND
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Description

Order of Nondisclosure

Texas Order of Nondisclosure (also called a TOLD) is an order issued by a court of law in the state of Texas that can be used to keep certain criminal records from appearing on background checks. This helps protect the individual’s reputation and can make it easier to obtain employment, housing, or other opportunities. There are two types of Texas Order of Nondisclosure: Exp unction and Non-disclosure. An Exp unction completely removes the criminal record from the public record, including from databases used for background checks. A Non-disclosure, on the other hand, does not completely erase the criminal record, but instead hides it from public view, making it inaccessible to most employers and landlords. In order to be eligible for a Texas Order of Nondisclosure, the individual must have successfully completed the terms of their sentence, including any probation or deferred adjudication, and must not have any other pending criminal charges.

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FAQ

An order of nondisclosure is a court order prohibiting public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from disclosing certain criminal records. If you have a criminal record, you may benefit from obtaining an order of nondisclosure.

Waiting Period. You must wait two years from the date that you successfully completed the program before you may file a petition for an order of nondisclosure under Section 411.0727. To obtain an order of nondisclosure under Section 411.0727, you must file a petition.

The information is not supposed to appear on a background check; however it still may by mistake. If it does, TREC will ask you to provide a copy of the Order of Expungment or Non-disclosure and upon receipt will not consider that offense in determining a person's fitness for licensure.

Texas Law. In certain cases, Texas individuals are able to have their criminal record expunged (i.e. cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order.

Eligibility Requirements The offense must not have occurred while operating a vehicle while intoxicated or committing an organized crime offense. The offense cannot be sexual or violent in nature. For the purposes of this requirement, simple assault is not counted as a violent crime.

Texas Law. In certain cases, Texas individuals are able to have their criminal record expunged (i.e. cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order.

Crimes That Cannot Be Expunged in Texas Capital Murder. Indecency with a Child. Aggravated Kidnapping. Aggravated Sexual Assault. Aggravated Robbery. Sexual Assault. Injury to a Child, Elderly Individual, or Disabled Individual. Criminal Solicitation.

The difference between clearing (expunction) and sealing (nondisclosure) your criminal record in Texas. Expunctions (sometimes called expungements) can permanently remove entries from an adult criminal history record. Nondisclosure is when the court "seals" certain offenses from public disclosure.

More info

What is an Order of Nondisclosure? An order of nondisclosure is a court order prohibiting public entities such as courts and police departments from disclosing certain criminal records.Instructions for Completing the Model Petition for an Order of Nondisclosure under Section 411. 0727 to determine whether you qualify to file a petition. A nondisclosure order seals part of your criminal record. A nondisclosure order hides your criminal record from public view. An Order of Nondisclosure is a judicial order that seals from the public all records related to a Texas criminal arrest and prosecution. You can obtain a copy of your order of dismissal and discharge from the clerk of the court that placed you on deferred adjudication. Petitions this court for an order of nondisclosure under § 411. 0725, Gov't Code, for the offense detailed in the following paragraph.

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Texas Order of Nondisclosure