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.
In Texas, certain waiting periods are required before you can ask the court for a nondisclosure. For felonies, five years must elapse from the date of discharge before a petition for non-disclosure can be filed. For many misdemeanors, you can file immediately after completing deferred adjudication.
Term of agreement and survival of nondisclosure obligations Survival periods of one to five years are typical. The term often depends on the type of information involved and how quickly the information changes. The information in this article was excerpted from Confidentiality and Nondisclosure Agreements.
(a) A person may be granted an order of nondisclosure of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on community ...
People frequently ask if Texas has a “Seven Year Rule” stating that a criminal conviction will automatically be removed from their criminal history. First, let me clarify that this “rule” applies to consumer reporting agencies – not state criminal justice agencies like the Texas Department of Public Safety.
For other misdemeanor and felony convictions, this period is 2-5 years after the sentence completion date. After this waiting period, obtaining a nondisclosure order in Texas usually takes between four and nine months.
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 is a non-disclosure state because no law exists that requires disclosure as is the case in other states. Zillow and a lot of other sites attempt to provide you a “value.” The fact of the matter is that none of them have access to sold data. Only Realtors and Appraisers have access.
Yes, non-disclosure agreements are enforceable in Texas. That being said, NDAs with a reasonable scope are more likely to hold up in court if challenged. Sometimes, if a challenged NDA is too broad, the court may reform it. This means that the business cannot recover damages from violations of the previous agreement.
Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.