Will a criminal background check show my arrest if my conviction was deferred or I received a period of deferred adjudication?
ORDER OF NON-DISCLOSURE CAN SEAL YOUR RECORD FROM CERTAIN CRIMINAL BACKGROUND CHECKS
Your record of arrest will still come up on a criminal background check unless you take further legal steps after you successfully complete your period of deferred adjudication.
Texas law allows a person who has successfully finished a court ordered period of deferred adjudication to request from the court an order of nondisclosure that prohibits the government from disclosing to the public criminal information related to that offense.
Additionally, the government is permitted to release criminal history information related to an order of nondisclosure to criminal justice agencies and authorized government agencies.
ORDER OF NON-DISCLOSURE IS NOT PERMISSIBLE FOR CERTAIN OFFENSES
You may not file to seal your records from criminal background checks if you were convicted of:
- Indecency with a Child
- Sexual Assault
- Aggravated Sexual Assault
- Prohibited Sexual Conduct (such as Incest)
- Aggravated Kidnapping
- Compelling Prostitution
- Sexual Performance by a Child
- Injury to a Child
- Violation of a Protective Order
- Any Offense Involving Family Violence
- Possession or Promotion of Child Pornography
- Unlawful Restraint, Kidnapping, or Aggravated Kidnapping
- Murder and Capital Murder
- Attempt, Conspiracy, or Solicitation to Commit any of the Above Offenses
AN ORDER OF NON-DISCLOSURE IS NOT EFFECTIVE BY CERTAIN GOVERNMENT AGENCIES AND LICENSING BOARDS
A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to the following noncriminal justice agencies or entities only:
- 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 under Subchapter B, Chapter 45, Family Code;
- 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 persons 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; and
- the Texas Education Agency.
WHY YOU SHOULD CONSIDER GETTING YOUR RECORD SEALED?
You may tell your private employers that you have not been convicted of the crime that was sealed, you may feel more confident when a criminal background check is performed by a non-government agency, and you can seal your record from the public.
Contact The Barrera Law Firm to find out whether you qualify for the application process through a free in-person or over the phone consultation.