Non-Disclosure of a criminal record means the lawful sealing of a person’s criminal record so that it may not be seen by persons outside of law enforcement.
Non-Disclosure becomes possible after a defendant has completed his or her deferred adjudication/probationary program leading to criminal charges against them being dismissed per the guidelines of the defendant’s agreement with the court.
Benefits of Non-Disclosure
If you’ve experienced trouble finding employment, or pursuing other goals due to the presence of criminal records on your background, being granted a Certificate of Non-Disclosure can serve as positive development for your situation.
The original intent of the Certificate of Non-Disclosure was to relieve pressure on people who have reformed their conduct, paid their debt to society for their crime, and have moved on to become model citizens.
Depending on the original crime, Certificates of Non-Disclosure may be available for both felony and misdemeanor criminal records.
Felony Criminal Record Sealing
Certificates of Non-Disclosure, or criminal record sealing as its commonly referred, is available for persons convicted of felony offenses 5 years after they have “successfully” served out their probationary/community supervision period. After the 5th year the defendant can petition the court for Non-Disclosure of their felony records.
Misdemeanor Criminal Record Sealing
Non-Disclosure is also available for misdemeanor criminal records as well. For some misdemeanor criminal records the defendant can immediately petition the court for Non-Disclosure after the probationary/deferred adjudication period is over, but in other cases a two year waiting period is required.
Offenses that require a two year waiting period before a petition for a Certificate of Non-Disclosure can be filed are listed below.
- Abuse of a Corpse
- Advertising for Placement of a Child
- Aiding Suicide
- Cruelty to Animals
- Deadly Conduct
- Destruction of a Flag
- Discharge of a Firearm
- Disorderly Conduct
- Disrupting Meeting or Procession
- Dog Fighting
- False Alarm or Report
- Harboring Runaway Child
- Hoax Bombs
- Indecent Exposure
- Interfering with Emergency Phone Call
- Leaving a Child in a Vehicle
- Making a Firearm Accessible to a Child
- Obstructing a Highway or Other Passageway
- Possession, Manufacture, Repair or Sale of Switchblade Knife or Brass Knuckles
- Public Lewdness
- Silent or Abusive 911 Calls
- Terroristic Threat
- Unlawful Carrying of Gun by License Holder
- Unlawful Carrying Weapons
- Unlawful possession of Firearm
- Unlawful Restraint
- Unlawful Transfer of Certain Weapons
- Violation of Protective Order Preventing Offense Caused by Bias or Prejudice
Crimes Not Eligible for Non Disclosure
- Indecency with a Child, Sexual Assault, Aggravated Sexual Assault
- Aggravated Kidnapping
- Burglary with Intent to Commit Any Above Offenses
- Compelling Prostitution
- Sexual Performance by a Child, Possession or Promotion of Child Pornography
- Unlawful Restraint, Kidnapping, or Restraint of a Child Less than 17 Years Old
- Attempt, Conspiracy or Solicitation to Commit Any of the Above Offenses
- Capital Murder, Murder
- Injury to a Child, Elderly or Disabled Individual
- Abandoning or Endangering a Child
- Violation of Protective Order or Magistrate’s Order
- Any Family Violence Offense
Contact Christian Capitaine About Your Case
Attorney Christian Capitaine will file the necessary paperwork for the non-disclosure of your criminal records in the court where you were convicted.
Once accepted, a hearing will be scheduled at which time the court will make the decision as to whether or not to honor your request to have your criminal record sealed.
If successful, an order of Non-Disclosure or Expunction will signed and issued by the judge.
Afterwards, your criminal records will be hidden from the general public with the exception of law enforcement, and you can live your life as if the event never occurred.
There are some exceptions to this rule.
If you have questions, contact Houston criminal record sealing & criminal defense lawyer Christian Capitaine with your inquiries. Our office phone is 832-618-7831.