With the advent of the internet, it is possible to find out once-private information about a person’s criminal history in just a few clicks of the mouse. If you are a resident of Collin County, public-facing information about an arrest or conviction can have a very real impact on your ability to find work, seek higher education, apply for loans or other financial instruments, or obtain housing. If you have had a brush with the criminal justice system, it is important that you know whether or not you have a publicly available criminal record, and if so, find out what is contained in that record and take steps to clean up your publicly available record.
In Texas, those with publicly-accessible criminal records have two options available to them to clean up their criminal records. The more effective option is known as expungement, which effectively permanently extinguishes your criminal record and can even allow you to legally deny the existence of your criminal record. However, expungement is not available in all circumstances or for all crimes. The other option available to clean up your criminal record is to obtain an order of non-disclosure. An order of non-disclosure directs the clerk of the court where your record is located (usually, the court where your charges were heard) to not disclose the presence of an offense on your record to other parties, typically for background checks. However, unlike expungement, your criminal record still exists and can be available to certain parties in limited circumstances, such as criminal justice agencies if you are arrested or convicted on a new offense.
If you are an individual in Collin County who is looking to get out from under the serious consequences to your career and life that a criminal record can impose, contact the non-disclosure attorneys at Rosenthal Kalabus & Therrian today to schedule a free consultation with one of our knowledgeable lawyers. We can help you to understand the differences between non-disclosure and expungement orders and advise you as to which options are available to you in your case.
Do I Need a Non-Disclosure Order Lawyer?
Although it is technically not necessary to hire an attorney if you wish to apply for an order of non-disclosure for your criminal charge, having the assistance of a lawyer can make the process much easier and increase the chances of successfully obtaining an order of non-disclosure. A non-disclosure order attorney can review the circumstances of your case to determine whether your criminal offense is eligible for an order of non-disclosure under Texas law. Assuming your offense is eligible for an order of non-disclosure, an attorney can help you complete your application for the order and help you assemble the supporting documentation you will need to submit along with your application. This will ensure that your application has the greatest chance of being approved by the court in the shortest time.
Depending on the facts and circumstances of your underlying criminal charge, the prosecutor may be entitled to object to your application. The court may also be required to make factual findings that granting your application for an order of non-disclosure is in the best interests of justice. If this is required in your application, a non-disclosure order attorney can be a powerful advocate for you, arguing against the bases for the prosecutor’s objection to your application and making the case to the trial court why granting your application for an order of non-disclosure is in the best interests of justice.
Why Choose Rosenthal Kalabus & Therrian to Handle My Case?
If you have decided to undertake the process of applying for an order of non-disclosure for your criminal charge, it is important for you to have dedicated, experienced legal representation on your side. In Collin County, you have many options for legal representation. But Rosenthal Kalabus & Therrian can provide you with the legal assistance you need to give you the best chance at success in your application for an order of non-disclosure.
Our firm is the largest criminal defense law firm in Collin County. That means that we have many resources to help our clients seek orders of non-disclosure. When you hire Rosenthal Kalabus & Therrian to help you in your application, you get the assistance of multiple attorneys who will collaborate to ensure that you have a persuasive application for an order of non-disclosure.
In addition to being the largest criminal defense law firm in Collin County, we are also the only firm in Collin County that has two Criminal Law Board Certified partners. Criminal Law Board Certification, granted to only 1% of attorneys in Texas, means that an attorney has been tested and demonstrated to have substantial, relevant experience in the field of criminal law. Our attorneys have earned our reputation for success and for providing our clients with the attention and resources each client deserves. We provide experienced representation and will explore every angle of your case to ensure that you receive the best possible chance for a successful outcome in your application for an order of non-disclosure.
Types of Cases We Handle
The non-disclosure order attorneys of Rosenthal Kalabus & Therrian have experience helping clients obtain orders of non-disclosure for many different kinds of criminal offenses, such as:
- Non-violent thefts
- Criminal traffic offenses
- Weapons possession offenses
- Drug crimes
So long as your offense is one that is eligible for an order of non-disclosure, our dedicated lawyers will help you through the process of securing an order of non-disclosure. Contact us today to have our attorneys review your case to determine whether your criminal charge is one that is eligible for an order of non-disclosure, and to learn more about your rights and options for securing an order of non-disclosure.
Who is eligible for an order of non-disclosure?
Any person with a criminal record is usually eligible for an order of non-disclosure unless the criminal offense required sex offender registration, involved murder, trafficking of persons, aggravated kidnapping, injury to a child, elderly person, or disabled person, abandoning or endangering a child, stalking, or family violence. You are also not eligible if you were placed on probation or deferred adjudication for the offense and were subsequently convicted or placed on deferred adjudication for another offense other than a traffic offense punishable by fine. Depending on your criminal offense, there are other specific conditions that may also render you ineligible to seek an order of non-disclosure. You should definitely consult with a non-disclosure order attorney to determine whether an order of non-disclosure is available to you under the facts of your case.
What is the process for obtaining an order of non-disclosure?
Generally speaking, the process for obtaining an order of non-disclosure involves filing an application with the clerk of the court where your criminal charges were heard, along with supporting documentation concerning your criminal offense and establishing your eligibility for an order of non-disclosure.
Bear in mind that an order of non-disclosure applies only to a single criminal offense; however, you are entitled to file applications for orders of non-disclosure for each offense that you are eligible to receive an order for. Depending on the type of criminal charge, you may be required to observe a waiting period before filing your application. Once you do file your application, the court may be required to make a specific finding that an order of non-disclosure is in the best interests of justice, and the prosecutor may be entitled to object and present evidence or argument in opposition to your request.
Do I have to disclose any information about an offense subject to an order of non-disclosure on a job application or background check application?
No. An order of non-disclosure legally allows you to decline to disclose information about criminal history subject to an order of non-disclosure in response to a request on a background check or job application. However, keep in mind that details about a criminal offense subject to an order of non-disclosure are still accessible by certain criminal justice and state agencies. If you have questions about whether you are legally required to disclose information about a criminal offense subject to an order of non-disclosure, you should speak with a non-disclosure attorney.
Our Collin County Non-Disclosure Order Lawyers Are Ready to Help
Depending on the type of criminal offense and circumstances of your case, you may be entitled to seek an order of non-disclosure that will ensure you do not have to disclose your criminal record for many applications for employment, school, housing, or banking. If you are ready to get your life back on track after your criminal charges, the Collin County non-disclosure attorneys of Rosenthal Kalabus & Therrian are ready to help you seek relief from the consequences of your criminal record by applying for an order of non-disclosure. Contact us today to schedule a free consultation with one of our experienced non-disclosure order attorneys to learn more about your rights and options and how our attorneys can assist you.