If you've ever been arrested or convicted in Houston, you might feel like that mark on your record will never go away. Thankfully, Houston is one of the states that offers a way to legally hide certain offenses from public view.
An Order of Non-Disclosure seals part of your criminal record, effectively making it inaccessible to most public entities. This means that courts, law enforcement agencies, and even some licensing boards won’t be able to share your criminal history information. This order does not erase your criminal history but simply prevents most public entities from accessing it.
In other words, it gives you the ability to answer "no" on job applications when asked if you've ever been arrested or convicted for a certain offense. Before you head over to Google and type “Houston non-disclosure lawyer near me,” here's what you need to know about filing for an Order of Non-Disclosure.
There are various types of non-disclosure orders, each applying to different situations. Each type of non-disclosure order has its own set of requirements and forms, so it’s important to know which one applies to your situation.
Some of the most common types include:
In order to qualify for a non-disclosure order, there are basic eligibility requirements you must meet:
Filing for an Order of Non-Disclosure involves several steps. Here’s a breakdown of what you’ll need to do:
Get in touch with a lawyer to determine which type you’re eligible for and whether or not you meet the criteria.
You’ll need to gather information about your criminal history, including court records, probation details, and any other documents related to the offense you want to seal.
The next step is to complete the petition for non-disclosure, which is a formal request to the court to seal your record. This document outlines the details of your case and why you believe you are eligible for non-disclosure.
Once completed, you’ll need to file the petition in the court where your case was originally heard. You may also need to pay a filing fee, though some individuals can waive this fee based on their income.
After filing the petition, you may need to attend a hearing where the judge will review your case and determine whether you meet the requirements for non-disclosure. Be prepared to provide evidence of your rehabilitation and any other relevant information.
If the judge grants your petition, the court will issue an Order of Non-Disclosure. This order will then be sent to various government agencies and law enforcement to ensure that your criminal history is sealed from public view.
Once your Order of Non-Disclosure is granted, the Department of Public Safety (DPS) will take action to seal your criminal history from public access. They will notify various agencies, including law enforcement, courts, and private companies, to ensure that your records are not available to the public.
Importantly, while most public entities will no longer have access to your sealed records, certain agencies, such as licensing boards or educational institutions, may still be able to see them. Always check the list of exempt agencies to know who may still have access to your information.
