Dallas criminal lawyer Constantine G. Anagnostis has extensive experience helping individuals clear their records. A nondisclosure order prohibits disclosure of all criminal history record information. That term means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.
Fingerprint records and there kinds of identification information are not included in this definition if they do not indicate involvement in the criminal justice system and records relating to a driver’s license application.
Even with all these exclusions and exemptions, a nondisclosure order provides distinct benefits to the petitioner. One is that he is not required in any application for employment or licensing to state that he has been the subject of any criminal proceeding related to the information that its the subject of the nondisclosure order. Information subject to a nondisclosure order is exempt from the open records law, and under those laws, the petitioner may deny the occurrence of the arrest and the prosecution related to the information, unless the information is being used against him in a subsequent criminal proceeding.
Law Enforcement Agency’s Response To Request For Information
The Statute does not specify what response a law enforcement agency must or can give to requests for information subject to a nondisclosure order. The Texas Attorney General, however, has issued an advisory opinion, that the agency may state that his has “no record.”
Under Government Code, Section 552.1425, a violation consist of compiling or disseminating information that is subject to a nondisclosure order. Each violation after receiving a warning from a district court will subject the entity to liability to the State for a civil penalty up to $1,000.
If DPS learns that a private entity that purchases criminal history record information from the department has been found by a court to have violated more that twice, the department may not release any criminal history information from the date of the most recent violation.
The statute imposes obligations on the clerk of the court that issued the nondisclosure order, the Department of Public Safety, and the entities that receive note of the order.
The Court Clerk
Within 15 business days after the nondisclosure order is issued, the court clerk must send a copy of the order (or the relevant criminal history record information contained in the order) to the Crime Records Service of the Department of Public Safety.
The Department of Public Safety
Within 10 business days of receiving the order or information from the court clerk, DPS must : (1) seal any criminal history record information it maintains that is the subject of the order, and (2) send the order or information to the state officials and entities, federal depositories of criminal records, and private entities listed in the statute.
DPS must send the order or information to:
- Law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;
- Central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order; and
- Private entities that purchase criminal history record information from the department or that otherwise are likely to have criminal history record information that is subject to the order.
Within 30 business days of receiving the order or information from the court clerk, the state officials and entities listed in the statue must seal any criminal history record information it maintains that is the subject of the order.
Once it receives notice of a nondisclosure order, a private entity that complies and disseminates criminal history record information for money must destroy and may not disseminate any information in its possession that is the subject of the order.
A criminal justice agency may not supply a petitioner’s history even if the petitioner gives it permission to do so; it must comply with the nondisclosure order.
Dallas criminal lawyer Constantine Anagnostis dedicates his practice to people who are facing criminal charges, with a primary emphasis on DWI, Drug Offenses, Expunction & Nondisclosure Agreements, and Occupational Driver’s License Issues. Dallas criminal lawyer Constantine G. Anagnostis understands the law, procedures, and penalties pertaining to criminal law, and will aggressively fight to protect your rights. You may call 817-229-0319 to schedule a free consultation, or submit a sample case form. At DFW Criminal Lawyers, L.L.C., we look forward to helping you.