Nondisclosure Orders in Texas
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Having a criminal record follows you for the rest of your life. Even misdemeanor crimes can affect whether you are offered a job, approved to rent a home, or accepted into a college program.
Fortunately, Texas law provides for an order of nondisclosure for certain crimes, sealing any aspect of the crime from the public’s eyes, with some exceptions. An order of nondisclosure doesn’t erase a conviction from your criminal record, but it can seal the details of an eligible crime.
Nondisclosure laws can be found in Texas Government Code Section 411, Subchapter E-1.
Attorney David Sloane can file petitions for expunctions and nondisclosures. Call (817) 349-7118 or send us a message online to see if you might be eligible.
What Is the Difference Between Expunction and Nondisclosure?
An expunction order removes the record of your arrest as if it never happened. You can legally say you were never arrested for that crime if it has been expunged. Under oath, you need only say that the matter was expunged.
Generally, a record can only be expunged if one of the following occurs:
- The charge was dismissed without action or dropped.
- You were acquitted at a trial.
- You were convicted but later found innocent.
- You were pardoned.
A nondisclosure order does not erase the arrest and crime from your record. Instead, the record is sealed and generally not shared with the public.
A nondisclosure order will keep the arrest and conviction from the following:
- Credit reporting agencies
- Private screening and background check companies
- Private investigators
- Most Employers
- Landlords
What Offenses Qualify for Record Sealing?
Not all crimes are eligible for nondisclosure in Texas. A crime may qualify for nondisclosure if you pled guilty or no contest to an offense and then successfully completed deferred adjudication community supervision (probation).
A waiting period of up to five years may apply, depending on the crime. Any offense that requires you to register as a sex offender is not eligible.
Other ineligible crimes include:
- Domestic violence
- Aggravated kidnapping
- Murder
- Stalking
- Endangering a child
- And trafficking of persons
In addition, if you have ever been convicted of one of these crimes, you will not be eligible to have nondisclosure awarded for another offense. You also won’t qualify for nondisclosure of one crime if you are convicted of another (except a traffic ticket resulting in a fine only) during any required waiting period.
Permitless Carry Law Expands Expunction, Nondisclosure
Effective Sept. 1, 2021, Texas no longer requires its residents to obtain a license to open or conceal carry handguns as long as they are at least 21 years old and meet other legal requirements.
House Bill 1927 specifically included a provision that allows for the possibility of expungement for those convicted of the offense before the new law went into effect. The Texas District & County Attorneys Association estimates about 130,000 Texans may be eligible.
Those not eligible to have their weapons charge expunged may qualify for an order of nondisclosure. If you want to erase or seal an unlawful carry conviction on your criminal record, contact the Law Offices of David Sloane.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Case Dismissed - Motion to Suppress Granted Possession of Marijuana 5lbs to 50lbs
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Reduced to Class C Non-Reporting Probation Criminal Trespass
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Reduced to Misdemeanor Assault on a Security Officer
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Reduced to Obstruction of a Highway Driving While Intoxicated 2nd (DWI)
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Reduced Under 12.44 Motion to Adjudicate - Possession of Methamphetamine Under 1 Gram and Criminal Trespass
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"He moves mountains and he is straight forward with everything"He is a great attorney I would recommend him to anyone. He moves mountains and he is straight forward with everything and he gives you all the options and lets you choose and he will advise you for what he thinks and more than likely right or you can go with what you want and both of you will roll the dice together and go with that option if you want to he does not strong arm you into anything. And after meeting and seeing people talk about him what he does in work and outside of work he is an all around great man. and would highly recommend retaining him.- Garret
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"David Sloane is hands down the best in the area. I couldn't have asked for a more knowledgeable, confident, friendly and charming person even if I tried."David Sloane is hands down the best in the area. I couldn't have asked for a more knowledgeable, confident, friendly and charming person even if I tried. He is a 100% genuine person who truly cares about the outcome and well-being of his clients and I would recommend him for any kind of criminal law case.- Jackie
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"He will fight for what he believes is right. Really, he is all you could ask for as a legal representative and a general person."Mr. Sloane has lengthy experience in law enforcement. This only adds to his already plethora of knowledge about the law. He understands procedures field officers must adhere to. Very easy person to communicate with and makes you feel he is definitely on your side. He will work with you in every aspect of your case. Explains your options and tells you what he believes is best and always works with you on your decision. His office is easily reachable and they respond in a swift manner. What stuck with me most was his world view. He is a humble man who stands by his beliefs. He will fight for what he believes is right. Really, he is all you could ask for as a legal representative and a general person. Highly suggest for the DFW metroplex!- Pasquale
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"David Sloane is the most professional, friendly, informed lawyer I have ever had the privilege of hiring as my legal council!"David Sloane is the most professional, friendly, informed lawyer I have ever had the privilege of hiring as my legal council! He knows the law inside and out, and will bend over backwards to help his clients. I cannot recommend him enough! He has worked miracles for me, and made it seem effortless! I will always come to David with my legal concerns, recommending him STRONGLY to all my friends and family!- Erich
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"He is knowledgeable, fun, outgoing, and a pleasure to work with. Thank you so much David for your positive attitude, charisma, and wealth of experience."David Sloane is the only name you need to know if you find yourself in trouble. I was charged with possession of marijuana along with the other two people that were in the car with me. They were charged and given 12 months of probation, 80 hours of community service, a DOEP class, and a slew of other hoops to jump through. I had my case completely dismissed thanks to Mr. Sloane's hard work and dedication to his clients. Not to mention he drove 6 hours and made an overnight trip to represent me in Hale County. He is knowledgeable, fun, outgoing, and a pleasure to work with. Thank you so much David, your positive attitude, charisma, and wealth of experience have made this whole process so much more bearable.- Erich
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