Texas law permits a court to issue what is legally is known as a nondisclosure order in limited situations. These orders are issues in criminal cases.
What is a nondisclosure order?
A nondisclosure order is a decree issued by a Texas court that seals portions of a criminal record. When a nondisclosure order issues, certain public entities cannot release information about the criminal record. These entities include courts, clerks of courts, law enforcement agencies and prosecutors’ offices. Criminal defense attorneys typically work with clients in an effort to obtain a nondisclosure order.
When is a nondisclosure order potentially available?
Texas law permits the issuance of a nondisclosure order in regard to a person’s criminal record in only a narrow set of circumstances. A paramount requirement is that in order to qualify for a nondisclosure order regarding a particular case, a person cannot have been convicted or placed on any type of deferred adjudication for a crime. This includes the time period in which a person was serving a sentence on the crime desired to be nondisclosed, including any period of probation or supervision.
Crimes precluded from nondisclosure
Texas law enumerates a number of criminal offenses that cannot be subjected to a nondisclosure order. These include such crimes as any offense that requires registration as a sex offender, any offense involving family violence as well as other crimes set forth in the statute. A criminal defense attorney can provide additional information in regard to the potential availability of a nondisclosure order in a specific situation.