NONDISCLOSURE ORDER

Dallas Criminal Lawyer

If the trial court determines at the hearing that the petitioner is entitled to file the petition for nondisclosure and an order of nondisclosure is in the best interest of justice, then the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication.

Even if a nondisclosure order has been issued, a criminal justice agency can still disclose the petitioner’s criminal history record information to certain entities. Once criminal justice agency can disclose the information to another criminal justice agency for criminal justice or regulatory license purposes. The agency can also disclose the information to the petitioner. The agency can also disclose the information to a long list of non-criminal justice agencies and entities:

  • The State Board for Educator Certification
  • A school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement
  • The Texas Medical Board
  • The Texas School for the Blind and Visually Impaired
  • The Board of Law Examiners
  • The State Bar of Texas
  • A district court regarding a petition for name change
  • The Texas School for the Deaf
  • The Department of Family and Protective Services
  • The Texas Youth Commission
  • The Department of Assistive and Rehabilitative Services
  • The Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to person with mental illness or retardation.
  • The Texas Private Security Board
  • A municipal or volunteer fire department
  • The Texas Board of Nursing
  • A safe house providing shelter to children in harmful situations
  • A public or nonprofit hospital or hospital district
  • The Texas Juvenile Probation Commission
  • The securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner.
  • The Texas State Board of Public Accountancy
  • The Texas Department of Licensing and Regulation
  • The Health and Human Services Commission
  • The Department of Aging and Disability Services
  • The Texas Education Agency
  • Guardianship Certification Board
  • The Texas Department of Insurance
  • Court Reporters Certification Board
  • Department of Information Resources
  • A county clerk’s office in relation to appointment of guardian
  • Disclosing to the public criminal history record information that is related to the offense for which a person is involved in the criminal justice system; or
  • Using the date to confirm privies criminal history record information to any person when specifically asked whether a named person was arrested, detained, indicted, or formally charged non a specified date.