In Texas, most people who complete deferred adjudication probation can have their records sealed. Our founding attorney, Jay Blass Cohen, is a Houston criminal defense lawyer experienced in these situations.
A person with or without criminal history can be placed on deferred adjudication probation. The benefit of deferred adjudication is, once successfully completed, with some exceptions, the defendant can have their arrest sealed or nondisclosed. Blass Law will manage all relevant paperwork, check your eligibility, and navigate the legal process.
What is a Nondisclosure Order in Texas?
In layman’s terms, a nondisclosure basically prohibits public entities from viewing your criminal record. The Texas Courts note that a nondisclosure makes it so:
- You don’t have to reveal certain information to prospective employers.
- Only certain agencies have access to certain offenses.
Nondisclosure only pertains to certain offenses. It does not eliminate your entire criminal record. For instance, if you were convicted of driving while intoxicated (DWI), you could qualify for nondisclosure, meaning once a nondisclosure order is granted, you don’t have to share information about the DWI with anyone.
Nondisclosure does Not Pertain to the Following Offenses
The Texas Courts outline some offenses that are not eligible for nondisclosure:
- Capital murder
- Sex trafficking
- Child endangerment or abandonment
- Sexual assault
- Stalking
- Certain domestic violence offenses
- Elder abuse
- Child abuse
- Any offense requiring you to register as a sex offender
Some Offenses Require “Waiting Periods”
In many instances, once you complete probation, you can’t immediately file for nondisclosure. A certain amount of time must pass. For instance, if you completed probation for a DWI, the following wait times could apply:
- Two years if you compiled with certain conditions (like installing an interlock device on your car) for six months; or
- Five years after your sentence if the court did not place any conditions on your probation.
Why Would You Get a Nondisclosure in Texas?
Having any sort of blemish on your criminal record can cause problems down the road. Frequently, clients realize they need a nondisclosure because they have been denied a job, or their rental application was denied. It’s important not to wait, a nondisclosure takes a few weeks for a Judge to approve. Next, it has to go to the Texas Department of Public Safety to be processed. DPS houses the criminal history information for the state of Texas and we all know they don’t move quickly.
Having an offense on your record could also make it difficult to apply for jobs, housing, and colleges. Most apartment complexes and rental homes do background checks and evaluations to determine if you are a good candidate to rent.
Don’t write your offense off as minor. Even though there’s no going back in time, you can take measures to secure your future.
Our Nondisclosure Team in Houston, Texas will Promote Your Legal Interests
There is good news! If you didn’t commit any of the ineligible crimes listed above, you could qualify for a nondisclosure. Blass Law is ready to guide you through the necessary steps, which vary based on your offense.
We will Prove Your Eligibility
First, we must show the court system that you’re eligible for nondisclosure. This involves filing a Petition for Nondisclosure. The petition’s format depends on the crime. We may supplement your request with evidence.
We will Submit All Required Paperwork
The cost to file the above-mentioned petition varies from county to county. Typically it is a flat rate so there shouldn’t be any surprises.
Make no mistake: this process is not easy. The bureaucratic process might seem simple on paper, but there are countless pitfalls that can derail your request. Blass Law will help you avoid them.
Frequently Asked Questions About Nondisclosures in Houston, TX
We’re not just a law firm. We’re a powerhouse of resources. During our partnership, you can call us at any time to voice your concerns or ask certain questions. We will answer the following inquiries before you give us a call:
Am I Eligible to Have My DWI Sealed with a Petition for Nondisclosure?
You must meet the following requirements to be eligible for a nondisclosure of a DWI conviction in Texas:
- You must be a first-time offender.
- Your breath and/or blood test must have been below 0.15 percent.
- Your DWI offense cannot involve an accident with another person (even if they were a passenger).
If you have multiple DWIs, you are not eligible for a nondisclosure.
How Long do I Have to Wait to Have My Record Sealed?
You’ve probably never heard this from a Houston DWI lawyer but, it depends. If you completed a deferred probation for a felony offense, you have to wait five years. If it’s a misdemeanor, you are likely eligible immediately unless it is one of the following:
- Unlawful restraint
- Assault
- Disorderly conduct
- Indecency
- Weapon-related offenses
This is not an exhaustive list.
Am I Eligible for a Nondisclosure If I Was Charged with an Offense After I Finished My Probation?
If you were charged with another crime, you could still be eligible for a nondisclosure. The requirement is that enough time passed after you completed your probation. Again, it’s usually five years for a felony, and a few years for a misdemeanor.
What to Know About Blass Law
Attorney Cohen has always served as a criminal defense lawyer. He’s been helping people just like you from the very beginning of his career–never as a prosecutor. He has over a dozen certifications, so he will examine a case from every angle––even those that are commonly overlooked.
Here are some things that set us apart from other Houston-area law firms:
We Provide Customized Legal Services
We’ve never seen two cases that are exactly alike. So, we give each situation the personalized attention it deserves. Whatever your case requires, we will tap into our network of resources to handle it.
We have lawyers specialized in different areas of the law so we can offer specialized legal services. Whether you are looking for a car accident lawyer, a dog bite attorney, or a lawyer for drug possession in Houston, TX, we’ve got you covered.
We Have a History of Successful Outcomes
Some criminal defense lawyers spend their entire careers never securing a “not guilty” verdict. That’s not the case for Blass Law. We have helped people charged with murder, DWIs, drug possession, assault, and more. Our case results speak for themselves. We’re confident in our ability to secure a nondisclosure on your behalf.
We Offer Case Reviews to Prospective Clients
Our law firm is ready to hear your case. If you’re looking for a nondisclosure attorney in Houston, look no further. Dial (713) 664-4000 to learn more.