Most people do not realize the difference between obtaining an Expunction and a Non-Disclosure. There is a clear distinction between the two, and the legal ramfications for each differ greatly. If you have a question about a record sealing matter regarding a criminal case in Texas, including anywhere in the Dallas-Fort Worth metroplex, please call The Law Offices of Carl David Ceder, PLLC, at 214.702.CARL (2275) now for assistance.
In Texas, Orders of Non-Disclosure are granted via 411.081 of the Government Code. With the advent of communication provided by current technology, criminal background checks and arrest records are acquired with relative ease. There are many online services which can help facilitate the process for employers when trying to obtain a background check. This underscores the need to seal your record if you the ability to do so. Having an unwanted blemish on your record can prevent you from gaining the employment you want or the continuing education you need to aid your future. It is important, therefore, to take the necessary steps to prevent any potential damage to your career if you have the ability to do so.
Texas Criminal Defense Attorney Carl David Ceder has extensive experience helping individuals with all types of record sealing matters. In some instances, you may be eligible to have your criminal record completely expunged. If this option is unavailable to you, recent changes in Texas law has created a provision for the sealing, or "Non-Disclosure," of your criminal record information.
The ability to conceal this information from public view can be very beneficial if you are concerned about potential employers viewing your background. If you are granted an Order of Non-Disclosure, your record will still technically exist, but it will only be visible to law enforcement agencies. Usually this most commonly occurs if you are ever prosecuted for a criminal offense in the future. An Order of Non-Disclosure can be granted following the successful completion of Deferred Adjudication.
An Order of Non-Disclosure will allow you to completely deny the occurrence of your arrest and prosecution giving you the opportunity to freely pursue employment, education, and other opportunities. It is important to remember, however, that although sealed from public view, your record may still be used against you during any future criminal proceedings by law enforcement authorities and the courts if you are prosecuted. Generally speaking, the individual may deny the existence of the arrest and prosecution to which otherwise public information relates, unless it is being used against her/him in a subsequent prosecution. Texas Government Code, Section 552.142. What this basically means is that a person can deny the very occurrence of the case, unless they are testifying at a trial and then would have to admit they successfully completed deferred adjudication (and subsequently had their record sealed). While not an expunction technically, this still is a very effective technique for having records sealed.
The eligibility for Orders of Non-Disclosure can be granted if you have successfully completed the probationary term of Deferred Adjudication probation. Additionally, you must not have not been convicted or placed on Deferred Adjudication for any criminal offense (other than a traffic offense punishable by fine). The requirements vary depending on whether the offense arose out of a misdemeanor or a felony. It is important to note that there are some felony criminal offenses that do not qualify as being eligible for an Order of Non-Disclosure.
Many people falsely assume that upon completion of Deferred Adjudication, the criminal case "off their record." This couldn't be further from the case. With Deferred Adjudication probation, you "technically" are not convicted. This is because the judge does not specifically find guilty of the offense. Rather, the judge merely finds that there is sufficient evidence upon which a finding of guilt could be made. However, if you successfully complete the terms of the community supervision, a conviction will never occur. However, you must take affirmative steps to file a for a Non-Disclosure to have the record "sealed."
If you have a question regarding whether you, or a loved one, is eligible for an Order of Non-Disclosure, please contact The Law Offices of Carl David Ceder, PLLC, at 214.702.CARL(2275) now for a free consultation. Our office will be happy to provide guidance as to what record sealing options are available.
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Carl David Ceder is an experienced Record Sealing Attorney with a wide range of experience with all types of Order of Non-Disclosure. His office practices all over the State of Texas, including the entire Dallas-Fort Worth Metroplex, including all of Dallas, Plano, Richardson, Allen, Frisco, all of Collin County, Fort Worth, Tarrant County, Collin County, Denton County, Rockwall County, and all adjoining counties:
- Dallas County Non-Disclosure Attorney - Dallas, University Park, University Park, Grapevine, Garland, DeSoto, Irving, Carrollton, Addison, Duncanville, Richardson, Cedar Hill, Cockrell Hill, Coppell, Grand Prairie, Lancaster, Lewisville, Mesquite, Seagoville, Wilmer, Wylie
- Fort Worth Non-Disclosure Attorney - Fort Worth, Southlake, Keller, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Grapevine, Flower Mound, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, Westlake, Saginaw, River Oaks
- Collin County Non-Disclosure Attorney - McKinney, Plano, Garland, Allen, Dallas, Carrollton, Richardson, Fairview, St. Paul, Weston, Lucas, Melissa, Nevada, Westminster, Frisco, Celina, Murphy, New Hope, Prosper, Wylie
- Rockwall County Non-Disclosure Attorney - Rockwall, Dallas, Fate, Heath, Mobile City, McLendon-Chisolm, Rowlett, Royse City, Wylie, Munson, Blackland
- Denton County Non-Disclosure Attorney - Dallas, Denton, Flower Mound, Fort Worth, Southlake, Hebron, Argyle, Justin, Lake Dallas, Plano, Bartonville, Coppell, Northlake, Carollton, Corinth, Hebron, Highland Village, Justin, Lakewood Village, Lewisville, Northlake, Prosper, The Colony, Westlake