Texas Petition for Order of Non-Disclosure

State:
Texas
Control #:
TX-FB-27
Format:
PDF
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Description Non Disclosure Order

Petition for Order of Non-Disclosure

A Texas Petition for Order of Non-Disclosure is a legal document that is filed with the court in order to request that certain criminal records be sealed and not publicly available. This type of petition is typically used by individuals who have been convicted of a minor offense and who would like to have their criminal record sealed so that potential employers, landlords, and other members of the public cannot access it. There are two main types of Texas Petition for Order of Non-Disclosure: a Standard Petition and an Expedited Petition. The Standard Petition can be filed at any time, but it is subject to certain requirements. The petition must be filed in the county where the criminal charge was filed, and the petitioner must wait at least two years after completing their probation or being discharged from deferred adjudication. They must also prove that they have not been convicted of any other offense in the two-year period following their probation or deferred adjudication. The Expedited Petition is available to certain individuals who meet certain criteria. This type of petition is available to individuals who have been discharged from deferred adjudication or who have completed a deferred adjudication order. In addition, the individual must have successfully completed all the terms of their probation or deferred adjudication. The Expedited Petition can be filed in any Texas county and does not require the petitioner to wait two years after completing their probation or deferred adjudication. Both the Standard and Expedited Petitions require the petitioner to provide certain documents, including a copy of their criminal record, proof of their completion of probation or deferred adjudication, and a sworn statement. Upon approval, the court will issue an Order of Non-Disclosure, which will prevent government agencies, potential employers, and landlords from accessing the petitioner's criminal record.

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FAQ

Under Texas law, a non-disclosure agreement is enforceable even if it is coupled with an unenforceable non compete agreement or invalid non-solicitation provision.

A person is entitled to file a petition for an order of nondisclosure under Section 411.073, Government Code, if the person: ? was convicted of a misdemeanor other than a misdemeanor listed in Sections 411.073(a) and 411.074(b), Government Code; ? was placed on probation following the conviction; ? completed the period

Texas law allows most people convicted of DWI to request that their Texas DWI criminal history record be sealed by a DWI nondisclosure. This can be done for people who were sentenced to probation or to jail time. The Texas DWI nondisclosure statute is contained in Chapter 411 of the Texas Government Code.

An Order of Nondisclosure is a judicial order that seals from the public all records related to a Texas criminal arrest and prosecution. Getting your record nondisclosed won't make the records go away entirely, as law enforcement and certain public and quasi-public agencies will still have access to the records.

In Texas, an expunction can permanently remove entries from an adult criminal history record, but it is very limited. Nondisclosure (sealing) hides certain offenses from public disclosure, but they are still visible to criminal justice agencies, licensing agencies, and certain government entities.

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.

Typically, the entire process for an order of nondisclosure in Texas takes anywhere from four to nine months. The timeframe varies depending on how busy the specific county is at the time of filing, the facts of the case and whether the District Attorney objects.

More info

Your petition does not need to be notarized. Instructions for Completing the Model Petition for an Order of Nondisclosure under Section 411.0727 to determine whether you qualify to file a petition. To get a nondisclosure order, you must file your petition or application with the clerk of the court that handled your case. Petitions this court for an order of nondisclosure under § 411. 0725, Gov't Code, for the offense detailed in the following paragraph. In order to obtain an order of nondisclosure, you must first file a petition for an order of nondisclosure with the proper court. You are not eligible to receive an order of nondisclosure under Section. 411. An Order of Nondisclosure is a judicial order that seals from the public all records related to a Texas criminal arrest and prosecution. Instructions for Completing the Model.

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Texas Petition for Order of Non-Disclosure