5. Fifth, you must have waited a certain period of time after the court's order of dismissal and discharge to seek an order of nondisclosure. 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.
An order of nondisclosure legally frees you from having to disclose certain information about your criminal history in response to questions on job applications. You are not required to disclose information related to an offense that is the subject of an order of nondisclosure.
20 CFR § 603.5 - What are the exceptions to the confidentiality requirement? (a) Public domain information. (b) UC appeals records. (c) Individual or employer. (d) Informed consent. (1) Agent—to one who acts for or in the place of an individual or an employer by the authority of that individual or employer if—
How long do felonies stay on your record in Texas? Under Texas law, criminal charges including felonies and misdemeanors stay on your record permanently. This is true even if the charges were dismissed, you were found not guilty, or you successfully completed deferred adjudication.
As mentioned above, an order of nondisclosure directs entities holding information about a certain offense on your criminal record to not release that information. This is a general rule. There are exceptions.
A nondisclosure order seals part of your criminal record. The order stops public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from sharing information about the sealed offense.
Under Texas law, a non-disclosure agreement is enforceable even if it is coupled with an unenforceable non compete agreement or invalid non-solicitation provision.
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.
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.