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.
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.
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.
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 ...
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.
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.
An NDA is a legal agreement which defines information that the parties wish to protect from dissemination and outlines restrictions on use. NDAs are also valuable to protect the ability to patent an invention, something that can be compromised if a disclosure of the invention becomes public knowledge.
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.
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.