Again, people do not have to disclose that they have an expunged record. And they don't have to say they were arrested if asked. However, there is an exception. If a person is asked under oath, all they have to say is that their record has been expunged.
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.
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.
WHAT CASES CANNOT BE EXPUNGED IN TEXAS? . Manslaughter. Sexual Assault of a Child. Aggravated Sexual Assault of a Child. Continuous Sexual Abuse of Young Child or Disabled Individual. Indecency with a Child. An offense involving leaving the scene of a collision if resulting in the death of a person.
Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. Step 3 - Note potential exclusions. Step 4 - Set the term. Step 5 - Spell out consequences.
Answer: The information is not supposed to appear on a background check; however it still may by mistake. If it does, TREC will ask you to provide a copy of the Order of Expungment or Non-disclosure and upon receipt will not consider that offense in determining a person's fitness for licensure.
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.
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.
Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. Step 3 - Note potential exclusions. Step 4 - Set the term. Step 5 - Spell out consequences.
The requirements for this category of nondisclosure eligibility are that (1) you were convicted and placed on probation for a misdemeanor, (2) the misdemeanor was not a prohibited misdemeanor (a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71 ...