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What is an Order of Nondisclosure?

By carrillojm65344, Feb 11 2016 08:27PM

If you have been charged with a crime and subsequently placed on Deferred Adjudication community supervision (probation), you may qualify for an Order of Nondisclosure. Chapter 411 of the Government Code sets out the qualifications and procedures for obtaining an Order of Nondisclosure.

A very quick thumbnail overview basically states that if you were placed on deferred adjudication community supervision and successfully completed said probation, you can petition the court for an Order of Nondisclosure. Government Code Section 411.072 covers nondisclosure rules for certain nonviolent misdemeanor offenses. Individuals charged with crimes under the following chapters of the Texas Penal Code do not qualify for an Order of Nondisclosure under this section:

1. Chapter 20 (kidnapping, unlawful restraint and smuggling of persons)

2. Chapter 21 (sexual offenses)

3. Chapter 25 (offenses against the family)

4. Chapter 42 (disorderly conduct)

5. Chapter 43 (public indecency)

6. Chapter 46 (offenses against the public)

7 Chapter 71 (organized crime)

Other sections of the Government Code will addresses the crimes listed above. Government Code Sections 411.0725, 411.0728 and 411.073 covers nondisclosures for felonies and misdemeanors identified above. Section 411.0735, which applies to certain intoxication offenses, allows an individual to apply for an Order of Nondisclosure after a period of confinement provided certain conditions are met.

An Order of Nondisclosure limits disclosure of criminal records only to other criminal justice agencies for criminal justice or regulatory licensing purposes.

One very important matter to understand is that a Nondisclosure Order is not the same as an expunction. Those are two different animals with two different sets of requirements. If you are interested in learning more, call our office to discuss your options.

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