Offenses Ineligible for Nondisclosure in Texas
The Benefits of Nondisclosure in Texas
An Order of Nondisclosure can relieve those with criminal records of the requirement to disclose specific pieces of information about their criminal background on job applications. It also prohibits public agencies from releasing information about an offense for which you obtained a Nondisclosure.
While this may seem like a minor benefit for a complicated legal process, this type of relief is more valuable than ever. Employers increasingly turn to background checks to screen applicants. It’s easy, quick and cheap. Obtaining a Nondisclosure for a conviction means a potential employer will consider you based on merit rather than a mistake made in your past. But not all offenses are eligible for Nondisclosures. Thus, it’s important to understand the benefits and limitations of Nondisclosures before you begin the process.
You may not obtain a Nondisclosure for any of the following offenses, or if you were ever convicted of or placed on deferred adjudication for:
Offenses that Require Sex Offender Registration
If you were convicted of an offense that requires you to register as a sex offender in Texas, that offense is ineligible for a Nondisclosure. You cannot remove that offense or information about that offense from your record. Hence, you must also disclose such an offense if an employer inquires about your criminal background.
You are ineligible to obtain a Nondisclosure for an offense of aggravated kidnapping, as defined under Texas Penal Code § 20.04.
Offenses Under the Following Texas Penal Codes
- Murder (Penal Code 19.02)
- Capital murder (Penal Code 19.03)
- Trafficking of persons (Penal Code 20A.02)
- Continuous trafficking of persons (Penal Code 20A.03)
- Injury to a child, elderly person, or disabled individual (Penal Code 22.04)
- Abandoning or endangering a child (Penal Code 22.041)
- Violation of court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case (Penal Code 25.07)
- Repeated violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, stalking or trafficking cases (Penal Code 25.072)
Offenses Involving Family Violence
- Any offense involving family violence (as defined under Texas Family Code 71.004)
An Attorney Can Help You Obtain a Nondisclosure in Texas
Obtaining a Nondisclosure in Texas for any conviction will become impossible if you are convicted of one of the above offenses at any point in the future. Typically, employers in Texas have the right to reject applicants based on their criminal background. Furthermore, employers view these offenses in particular as red flags due to their nature. Consequently, you need to contact a seasoned Dallas-Fort Worth criminal defense attorney immediately if you are facing charges for any of these offenses. Fighting these charges is the only way to keep them off your record and preserve your ability to obtain Nondisclosures for future (eligible) offenses. If your offense is eligible for a Nondisclosure, an attorney can walk you through the process for best results.
If you’re facing criminal charges or want to move on from a past conviction in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action so you can move on with your life. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email email@example.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.