Waiting Period. You must wait two years following your discharge and dismissal before you may file a petition for an order of nondisclosure under Section 411.0726. To obtain an order under Section 411.0726, you must file a petition.
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.
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.
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.
For standard nondisclosures under Section 411.0725 (offense date on or after September 1, 2015): there is a five-year waiting period (after discharge and dismissal) for felonies, and (2) there is a two-year waiting period for misdemeanors under Chapter 20, 21, 22, 25, 42, 43 or 46, Penal Code; there are no waiting ...
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
The order stops public entities, including courts, clerks of the court, law enforcement agencies, and prosecutorial offices, from sharing information about the sealed offense. You do not have to enter the offense on most job applications if you have a nondisclosure order for an offense.
Texas law provides some protections to job applicants by prohibiting reports conducted by consumer reporting agencies to include criminal history information older than 7 years in their reports.
Only people who have been granted deferred adjudication can file an order of nondisclosure. An expunction order is reserved for those who were wrongfully convicted, arrested, indicted or had no final conviction. You cannot pursue an expunction if you were court-ordered to community supervision or deferred adjudication.
An NDA requires the recipient to take reasonable measures to keep the information confidential and prohibits each recipient from disclosing it to any unauthorized party. This way, your information is only used by those who you want to use it, and then only for the purposes you want it used for.