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Houston Order of Non-disclosure Lawyer

Sealing a criminal record is possible in many cases. If you wish to seek an order of non-disclosure, speak with a Houston order of non-disclosure lawyer to determine what records can be secured from most individuals. Someone can walk you through the process to protect your information. 

Protect Your Background Information

If you are arrested for a crime in Houston, filing a type of lawsuit known as an order of non-disclosure will keep the arrest information from public knowledge or seal your record. A deferred adjudication must be completed for this process. The exceptions to these requirements allow a non-disclosure order to be obtained after completing a veteran’s reemployment program. 

Deferred adjudication is a type of probation in criminal cases in Texas that gives an individual a path to keep a conviction off their record. A judge must decide to transfer your sentence to deferred adjudication. Breaking any probation requirements during deferred adjudication can result in a judge revoking your probation and handing down a punishment equated with the offense.

An order of non-disclosure grants the ability to omit an offense from a job application and prevent government entities such as the courts and law enforcement agencies from sharing information about the offense. It is vital to note that a non-disclosure order applies only to a specific criminal violation. Multiple orders may be obtained for other offenses.

Expunging a Record in Houston

If charges are not filed after an arrest, are dismissed, or a pardon or acquittal are granted, an expunction can be requested to remove the incident from your record.  Obtaining a deferred adjudication for a Class C misdemeanor will also allow for an expunction. One process will clear a record of an incident, while the other, non-disclosure, prevents the charges from being disclosed. Since 1997, David A. Breston has been helping clients in Houston expunge their criminal records

Waiting Period to File an Order of Non-disclosure 

Successful completion of deferred adjudication probation allows most people to file an order of non-disclosure immediately when arrested for a misdemeanor. Felony arrests require a person to wait five years after successfully completing a deferred adjudication before filing an order of non-disclosure. Achieving probation for any of the following incidents will require waiting two years before filing for an order of non-disclosure:

  • Indecent exposure or public lewdness
  • Assault
  • Animal cruelty
  • Terroristic threats
  • Unlawfully carrying a weapon
  • Stalking

Other incidents also result in a waiting period of two years after the successful completion of a program.

Not All Offenses are Eligible for Non-disclosure

Being convicted of or placed on deferred adjudication for the following offenses prevents the application (p.4) for an order of non-disclosure:

  • Aggravated kidnapping
  • Murder
  • Injuring a child, disabled person, or senior individual
  • Abandoning a child
  • Offenses of family violence or violations of the conditions of bond on charges for this offense
  • Human trafficking
  • Stalking

Immediately discussing charges for any of the following offenses with a criminal defense attorney in Houston is advised. An order of non-disclosure permits an individual to deny prosecution of the crime, except for testifying under oath. There are avenues for changing your outlook after an arrest.

Order of Non-Disclosure Lawyer in Houston

Working to secure a brighter future is possible. David A. Breston, a Houston criminal defense attorney, fights to ensure individuals find a way beyond a criminal record. Moving forward begins with passionate representation that understands your needs, offering free consultations to learn more about filing an order of non-disclosure.