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At the Law Office of Bryan Fagan, our team of licensed attorneys collectively boasts an impressive 100+ years of combined experience in Family Law, Criminal Law, and Estate Planning. This extensive expertise has been cultivated over decades of dedicated legal practice, allowing us to offer our clients a deep well of knowledge and a nuanced understanding of the intricacies within these domains.
Texas nondisclosure laws allow individuals to seal certain criminal records from public view, providing a fresh start for those who have made mistakes in the past. These laws are particularly relevant for individuals seeking to improve their employment prospects or personal relationships after facing criminal charges.
Under Texas law, eligible offenses can be sealed through a nondisclosure order, which prevents the disclosure of criminal history to most employers and the public. Examples of eligible offenses include certain misdemeanors and first-time felony offenses, provided that the individual has completed their sentence, including probation, and has not been convicted of any other offenses since.
Obtaining a nondisclosure order in Texas involves several key steps that individuals must follow to ensure their records are sealed properly. The process typically starts with determining eligibility based on the nature of the offense and the completion of the sentence.
Once eligibility is confirmed, individuals must file a petition for nondisclosure with the court that handled their case. This petition must include specific information about the offense and the completion of all requirements. After filing, a hearing may be scheduled where the individual can present their case, and the judge will decide whether to grant the order.
Many people have misconceptions about what nondisclosure entails and its implications for their criminal records. One common myth is that nondisclosure completely erases a criminal record, when in fact, it only seals it from public view while still allowing access to certain entities, like law enforcement.
Another misconception is that all criminal offenses are eligible for nondisclosure. However, serious offenses such as sexual crimes or those involving family violence typically do not qualify. Understanding these nuances is crucial for individuals considering this option for sealing their records.
The ability to seal a criminal record through nondisclosure can significantly impact an individual's employment and housing opportunities. Many employers conduct background checks, and having a sealed record can prevent potential discrimination based on past mistakes.
In addition to employment, nondisclosure can also affect housing applications. Landlords often check criminal histories, and a sealed record may improve an applicant's chances of securing a rental property. This legal protection allows individuals to move forward with their lives without the stigma of a criminal record hindering their progress.
