Houston, Texas, is a city that attracts people from various walks of life. Like all others, the city has seen its share of crimes and brought them to justice.
For many ex-convicts, going forward in their lives may be difficult due to the prejudice people have against them.
The prejudice and severe scrutiny in society make many ex-convicts wish to make their criminal record go away; this is where an order of non-disclosure comes into play.
A Houston non-disclosure attorney can help you by guiding and representing you during the legal process.
This blog aims to help you better understand the order of non-disclosure.
What is an Order of Non-Disclosure?
An order of non-disclosure is issued to seal a person’s record of a crime after a certain period. Once a person has received it, they are not required to disclose their criminal history.
This can be particularly helpful for ex-convicts in situations like applying for a job or tenancy.
This order allows the ex-convicts a chance to reach a better standard of living by opening up opportunities, such as basic necessities like housing and jobs, require background checks, that would otherwise be difficult with their record.
With an Order of Non-Disclosure, they get another chance to rebuild their lives.
Who is Eligible for an Order of Non-Disclosure?
An order of non-disclosure is typically awarded to those who have completed their period of deferred adjudication. This usually means that the ex-con must be under community supervision and wait for a specific period of time.
During this period, the ex-con must not be convicted of any other crimes, or the order will not be awarded.
There are some crimes where an order or non-disclosure will not apply. This includes
- Kidnapping
- Murder
- Injuring a child, elderly, or disabled individuals
- Violation of a protective order
- Sex offenses
- Domestic violence
How to Apply for an Order of Non-Disclosure
Let’s look into the process of obtaining an order of non-disclosure.
- Check Eligibility: Firstly, the ex-convict must connect with a legal professional to check whether they are eligible to obtain an order of non-disclosure.
- Obtaining the Necessary Documents: The applicant must obtain a non-disclosure order form and compile all the case-related documents.
- Filing the Petition: The applicant must then file their application and the other compiled documents in the court where their case was handled.
- Court Hearing: The court will then set a date for the hearing or require the applicant to book a date of hearing. The applicant must make sure that they attend the hearing.
- Verdict: If the court awards the victim with an order of non-disclosure, they will then process it, successfully sealing their criminal record.
Key Benefits of an Order of Non-Disclosure
Here are some of the benefits an ex-con can have once they have been awarded an order of non-disclosure.
- Better Job Opportunities: Companies often conduct a thorough background check to avoid hiring possibly problematic people. But this also means that in this screening, ex-convicts get discarded without being allowed to prove themselves. An order of non-disclosure opens up better opportunities for ex-convicts who have truly mended their ways. However, an order of non-disclosure is not applicable when applying for jobs such as law enforcement, or a job that requires a state license.
- Housing and Loans: Landlords and lenders usually reject applicants with a criminal record. This stance is understandable, as accepting unreliable or problematic applicants can cause losses. However, it decreases the options available for people with a record trying to better their lives.
- Educational Opportunities: Educational institutions and scholarship programs often conduct background checks before enrolling people. This is usually a disadvantage for ex-convicts who wish to get further education to enhance their lives. With an order of non-disclosure, ex-convicts can get better options and enroll based on their qualifications.
- Personal Reputation and Peace of Mind: An order of non-disclosure seals the criminal record of an ex-con, meaning the record is not available for the public to view. This helps the ex-convict avoid stigma and judgment and encourages them to live peacefully in a social and professional setting.