Experienced Orders of Nondisclosure Attorney
A criminal case does not always disappear after it has been resolved. Even when someone successfully completes probation or deferred adjudication, the record may continue to appear during background checks and affect employment, housing, professional licensing, and educational opportunities. For many people, an order of nondisclosure provides a path toward limiting public access to that record.
At Odefey, Witte, Wall & Villafranca, LLP, Attorney Jordan G. Fries helps clients determine whether they qualify for an order of nondisclosure under Texas law. Jordan reviews the history of the case, explains the eligibility requirements, and prepares petitions designed to give clients the opportunity to move forward with greater confidence.
Not every criminal case qualifies for an order of nondisclosure. Whether someone is eligible depends on the type of offense, the outcome of the case, and whether the statutory requirements have been satisfied.
Factors that commonly affect eligibility include:
Determining eligibility often requires reviewing both the court’s records and the procedural history of the case rather than relying on memory alone.
Unlike a criminal defense case, a nondisclosure matter begins after the underlying criminal case has already been resolved. Before filing a petition, Jordan examines the case history to determine whether the statutory requirements have been met and whether filing at that time is appropriate.
A petition for nondisclosure commonly follows:
Once eligibility has been established, the focus shifts to preparing a complete petition that satisfies the legal requirements for nondisclosure.
An order of nondisclosure is not granted automatically. The person requesting relief must establish that the statutory requirements have been satisfied and that the court has authority to issue the order.
Depending on the circumstances, the petitioner generally must establish:
Meeting these requirements is essential before the court can consider restricting public access to the record.
Although a nondisclosure proceeding is not a criminal defense case, careful preparation remains important. Jordan begins by identifying any issues that could delay the petition or affect eligibility before documents are submitted to the court.
Questions that often guide the process include:
Resolving these questions before filing helps reduce unnecessary delays and positions the petition for a smoother review by the court.
Orders of nondisclosure are based on statutory eligibility, court records, and procedural history. As a former prosecutor, Jordan understands how criminal cases progress through the court system and how those records are created and maintained.
That background allows him to identify issues that may affect eligibility before a petition is filed. Rather than discovering problems after the process has begun, Jordan works to ensure the record accurately reflects the history of the case and that the petition addresses the legal requirements from the outset.
No. A nondisclosure order generally restricts public access to eligible criminal records, but it does not destroy or erase them. Certain government agencies and entities may still have access as permitted by Texas law.
No. Eligibility depends on the offense, the disposition of the case, and other statutory requirements. Some offenses are not eligible for nondisclosure.
An expunction generally results in the destruction or return of eligible records, while a nondisclosure order limits public access to qualifying records without eliminating them entirely.
In many cases, yes. The required waiting period depends on the type of case and the statute that applies. Jordan can determine whether the waiting period has been satisfied before preparing a petition.
If you believe you may qualify for an order of nondisclosure, contact Odefey, Witte, Wall & Villafranca, LLP to schedule a confidential consultation with Attorney Jordan G. Fries.
