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.
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.
What Offenses are Not Eligible for a Nondisclosure in Texas? Aggravated Kidnapping. Any family violence offense or any case in which there was an affirmative finding of family violence. . Human trafficking. Injury to a Child. Injury to the Elderly. Injury to the Disabled. Abandoning a Child.
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.
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.
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.
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.
Absolutely. Texas businesses can and should continue to protect their interests through legally compliant nonsolicitation and nondisclosure agreements. The key is ensuring that these agreements are drafted to meet legal standards for reasonableness and necessity.
In order to obtain an order of nondisclosure, you must first file a petition for an order of nondisclosure with the proper court. The petition is to be filed with the clerk of the court that handled the offense for which you were placed on deferred adjudication.
The only way to remove or update your information from an FCRA background check or regulated website is to contest the accuracy records or provide proof of expungement or sealing. Some employers are allowed to see certain expunged or sealed cases on an FCRA check.