Motion of Non-disclosure

Asked 5 months ago - Katy, TX

It is privately owned by physicians and a major for profit corporation.

I have had the non-disclosure for about 3 years on an incident that occurred 5 years ago. Clean record otherwise except for traffic stuff.

It will be in a non clinical position.

I've never tested the non-disclosure as of yet.

I also hired a lawyer to 86 background check companies from disclosing what had been sealed. I believe it was Bigbee and associates in 2013.

Attorney answers (3)

  1. Jonathan Francis Winocour

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . A motion of nondisclosure is a petition before a criminal court asking a judge to seal an offender's record; it is available only for cases dismissed after successful completion of deferred adjudication.

    The motion seals the offense from public view, meaning potential employers should, at least in theory not see the offense, since it was sealed. This means the offense should not raise flags in background checks.

    When the motion is granted through a court order, notices of the order are sent to agencies and entities that may possess the offender and offense data. The agencies and entities are supposed to seal their records, and send the court notice of their compliance.

    Some agencies and entities will still be able to see the sealed offense.

    For more information, read section 411.081 of the Texas Government Code.

    You can copy this link into your browser to get there: http://bit.ly/1hcWSpJ.

    Section (i) contains a list of agencies and entities that remain able to disclose the record despite the court's order.

    This response does not create an attorney-client relationship.
  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I'm not sure what your question is. If it's whether the case(s) will be seen by your prospective employer, the answer is that it shouldn't be. It is more difficult in this digital age to completely wipe every trace of a case. It sounds like you and your attorney have been as thorough as you can be.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please... more
  3. Herman Martinez

    Pro

    Contributor Level 14

    Answered . You should understand that the Government will ALWAYS see the arrest, deferred adjudication. It is my understanding that most medical professionals need some sort of accreditation. Thus, if you fall into that category whoever is accrediting you will likely see the record despite the non disclosure.

    Please be advised that answering this question DOES NOT constitute that an attorney-client relationship has been... more

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