Is an Order of Nondisclosure still viewable to any and all public agencies?

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Is an Order of Nondisclosure still viewable to any and all public agencies?

In 2004, I shoplifted, was given deferred adjudication and successfully completed probation. I am now finishing my master’s in psychology, as well as applying for an internship within the school systems. I fear my order of nondisclosure will not hold up against school systems, and they will be able to view my arrest and charge (although I was not convicted, and the order is on my criminal record). Are there other options to help seal my record? I have no other charges.

Asked on February 27, 2011 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An Order for Non-Disclosure seals your record and limits the dissemination of your criminal history to most parties, however, law enforcement, licensing agencies, and other state officials do have access to it. There is something known as an "expungement" would would completely clear your criminal record, however, pursuant ot state law it is not available for adult deferred adjudications or for some juvenile matters. You should also be aware that TX has a system that automatically makes juvenile records harder to access once 21 is reached, assuming there has not been any convictions since 17. Called ”Automatic Restriction of Access to Records”, a minor’s records are not destroyed or sealed, but their availability is limited to criminal justice agencies.

You did not give your age at the time all of this occurred. Your best bet now is to speak with an attorney. There are lawyers who specialize in this. They can best explain your options under state law.


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