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Non-Disclosure

Non-Dislcosure

Do I qualify for a Non-Disclosure?

At Soyars & Morgan Law, we often get asked if someone qualifies to have their criminal charge non-disclosed.  A non-disclosure is not the same as an expunction.  An expunction entitles a person to have the arrest erased off their criminal history.  A non-disclosure does not erase the arrest or offense off the criminal history, but it does, generally speaking, allow the defendant to deny the offense on job applications. 

When considering whether to spend the money to obtain a non-disclosure, you need to consider who still qualifies to see the non-disclosed information.  Below is a list of people who qualify to see the non-disclosed information.  If you are wondering if seeking a non-disclosure is right for you, call Soyars & Morgan today so we can help walk you through whether this is a good option for you.

WHO QUALIFIES TO SEE NON-DISCLOSED OFFENSES?

Listed below are the exceptions as to who can see information covered by a Non-Disclosure Order.

TEXAS GOVERNMENT CODE § 411.081

A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order.

SUBSECTION (I)

A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to the following noncriminal justice agencies or entities only:

  1. the State Board for Educator Certification;
  2. a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;
  3. the Texas Medical Board;
  4. the Texas School for the Blind and Visually Impaired;
  5. the Board of Law Examiners;
  6. the State Bar of Texas;
  7. a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
  8. the Texas School for the Deaf;
  9. the Department of Family and Protective Services;
  10. the Texas Youth Commission;
  11. the Department of Assistive and Rehabilitative Services;
  12. the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;
  13. the Texas Private Security Board;
  14. a municipal or volunteer fire department;
  15. the Texas Board of Nursing;
  16. a safe house providing shelter to children in harmful situations;
  17. a public or nonprofit hospital or hospital district;
  18. the Texas Juvenile Probation Commission;
  19. the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;
  20. the Texas State Board of Public Accountancy;
  21. the Texas Department of Licensing and Regulation;
  22. the Health and Human Services Commission;
  23. the Department of Aging and Disability Services;
  24. the Texas Education Agency;
  25. the Guardianship Certification Board;
  26. a county clerk’s office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code;
  27. the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to:
    (A) the Department of Information Resources; or
    (B) a contractor or subcontractor of the Department of Information Resources;
  28. the Court Reporters Certification Board; and
  29. the Texas Department of Insurance.