Non Disclosure For Felony In Texas In Clark
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FAQ
To obtain an order of nondisclosure under Section 411.0725, if you are eligible, you must file a petition. The form and instructions for obtaining an order under Section 411.0725 are available at this link. You must file the petition with the court that placed you on deferred adjudication.
If the offense in question is a felony, you may not file a petition for an order of nondisclosure until the fifth anniversary after your dismissal and discharge. If the offense is a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46 of the Texas Penal Code, your wait is shorter.
Texas Law. State law prohibiting consumer reporting agencies from reporting "a record of arrest, indictment, or conviction of a crime" that is more than seven years old. There are exceptions to this general prohibition, including situations where a potential employee's salary will be more than $75,000 a year.
Texas' Business and Commerce Code Section 20.05 limits consumer reporting agencies (background screening companies) from reporting criminal convictions older than seven years to employers.
The Seven Year Rule So if you are arrested and the charges are dismissed, the consumer reporting agency is not supposed to report the arrest if the arrest is over seven years old. However, if the arrest results in a conviction (a finding of guilt) then the agency can report the information forever.
Yes, the 7-year rule background check in Texas is followed for most employment screenings, which means background checks can only report criminal history from the past seven years if the position pays less than $75,000 annually.
Record Sealing Process First Step: Determining Eligibility for Non-Disclosure. Second Step: Obtaining Necessary Information for Record Sealing. Third Step: Drafting and Filing for Non-Disclosure Order. Fourth Step: Non-Disclosure Hearing. Fifth Step: Dissemination of Non-Disclosure Order and Record Sealing.
Ask the court to seal your criminal record in Texas with a nondisclosure order. Petitions and orders of nondisclosure, related documents, and instructions are available on the Office of Court Administration (OCA) website.