Non-Disclosure

Houston Order of Non-disclosure Lawyer

In the event that you have ever been charged with a Texas criminal offense a simple criminal history check can easily reveal this sensitive information. You may be subject to a background check when you are applying for employment, many kinds of loans, degree programs or even when you are seeking to rent a house or apartment. If you are not eligible for an expunction, you could possibly qualify for an “Order of Non-disclosure.” At the Law Office of Henry K. Nguyen, P.C., our staff is experienced with this process and is ready to help you improve your way of life.

You may be eligible for non-disclosure after you have completed “Deferred Adjudication Probation” for certain criminal offenses. Deferred adjudication is a type of probation that requires a guilty plea but the judge defers finding you guilty pending the completion of the probation.

After completing the deferred adjudication probation for a qualifying offense you can be eligible for non-disclosure either immediately, in two years or in five years. If you had a final disposition of “guilty” or “no contest” resulting in incarceration or fines, you are NOT eligible for non-disclosure.

Houston Non-Disclosure Attorney

All qualifying felony offenses require a waiting period of five years before you can file a petition for non-disclosure. Misdemeanor offenses that could qualify for an immediate Petition for Non-disclosure include:

• Criminal Trespass
• Failure to surrender identification to law enforcement
• Gambling
• Possession of Marijuana
• Burglarizing a Coin Operated Machine
• Theft
• Resisting Arrest
• Fleeing arrest on foot
• Prostitution
• Obscenity

Misdemeanor offenses that require a two year waiting period prior to filing a Petition for Non-disclosure include:

• Non-Family Aggravated Assault
• Polygamy
• Deadly Conduct
• Unlawful Discharge of a Firearm
• Disorderly Conduct
• Harassment
• Lewdness in Public
• Indecent Exposure
• Rioting
• Weapons Violations
• Terroristic Threat
• Obstructing an Emergency Phone Call

Some criminal offenses are NEVER eligible for a Petition for Non-disclosure, including:

• Offenses with a child victim
• Sexual Assault
• Prohibited Sexual Conduct (such as Incest)
• Kidnapping or Unlawful Restraint
• Compelling Prostitution
• Violation of a Protective Order
• Domestic Violence Offenses
• Murder
• Attempt, Conspiracy or Solicitation to Commit any of the Above Offenses

As a seasoned Houston Non-disclosure attorney, Henry K. Nguyen will complete the required Petition for Non-disclosure and present your case to the judge. If the judge grants the Non-disclosure, criminal justice agencies will be barred from disseminating information regarding your case to many governmental or police agencies.

Under Texas law, some government agencies are permitted to obtain information about your criminal background. These agencies include boards that govern nursing and teaching, the Department of Licensing and Regulation and TABC. Other than the few exceptions such as these, your criminal history will be sealed and disappear from most background investigations. Through the Non-disclosure process you can omit disclosing your arrests on loan or employment applications and leases. If your criminal past is haunting you, contact the Law Office of Henry K. Nguyen, P.C. to find out more about clearing your name.