Entities Which Can Continue to Receive Criminal Record Information That Is Subject to a Nondisclosure Order

By far, the most comprehensive method of cleaning a criminal record is an Expunction, which results in the destruction of the entire criminal record from all entities. Unfortunately, most criminal records do not qualify for an Expunction. Although not as comprehensive, a Nondisclosure Order can be effective at cleaning a criminal record for most purposes. However, Nondisclosed criminal records are not destroyed, but rather, are hidden from most, but not all people or entities. Section 411.0765 of the Texas Government Code details a list of entities that remain entitled to view and obtain criminal records that are subject to a Nondisclosure Order. For the most part, these entities include criminal justice agencies and state licensing agencies. It also includes financial institutions, but only if seeking employment with them.

Criminal justice agencies may disclose criminal history record information that is subject to a Nondisclosure Order for purposes of criminal justice or regulatory licensing and for the purpose of complying with a requirement under federal law or if federal law requires the disclosure as a condition of receiving federal highway funds. Additionally, Criminal justice agencies may disclose criminal history record information to the following entities and persons:

1. other criminal justice agencies;
2. to the person who is the subject of the order;
3. the State Board for Educator Certification
4. a school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement;
5. the Texas Medical Board;
6. the Texas School for the Blind and Visually Impaired;
7. the Board of Law Examiners;
8. the State Bar of Texas;
9. a district court regarding a petition for name change pursuant to Subchapter B of Chapter 45 of the Texas Family Code
10. the Texas School for the Deaf;
11. the Department of Family and Protective Services;
12. the Texas Juvenile Justice Department;
13. the Department of Assistive and Rehabilitative Services;
14. the Department of State Health Services, a local mental health service, a local intellectual and developmental disability authority, or a community center providing services to persons with mental illness or intellectual or developmental disabilities;
15. the Texas Private Security Board;
16. a municipal or volunteer fire department;
17. the Texas Board of Nursing;
18. a safe house providing shelter to children in harmful situations;
19. a public or nonprofit hospital or hospital district, or a facility as defined by Section 250.051 of the Texas Health and Safety Code;
20. the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;
21. the Texas State Board of Public Accountancy;
22. the Texas Department of Licensing and Regulation;
23. the Health and Human Services Commission;
24. the Department of Aging and Disability Services;
25. the Texas Education Agency;
26. the Judicial Branch Certification Commission;
27. a county clerk's office in relation to a proceeding for the appointment of a guardian under Title 3 of the Texas Estates Code;
28. the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to: (A)  the Department of Information Resources; or (B)  a contractor or subcontractor of the Department of Information Resources;
29. the Texas Department of Insurance;
30. the Teacher Retirement System of Texas;
31. the Texas State Board of Pharmacy;
32. the Texas Civil Commitment Office;
33. a bank, savings bank, savings and loan association, credit union, or mortgage banker, a subsidiary or affiliate of those entities, or another financial institution regulated by a state regulatory entity listed in Subdivision (20) or by a corresponding federal regulatory entity, but only regarding an employee, contractor, subcontractor, intern, or volunteer of or an applicant for employment by that bank, savings bank, savings and loan association, credit union, mortgage banker, subsidiary or affiliate, or financial institution;
34. an employer that has a facility that handles or has the capability of handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials, if:(A)  the facility is critical infrastructure, as defined by 42 U.S.C. Section 5195c(e), or the employer is required to submit to a risk management plan under Section 112(r) of the federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and (B)  the information concerns an employee, applicant for employment, contractor, or subcontractor whose duties involve or will involve the handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials and whose background is required to be screened under a federal provision described by Paragraph (A).

Expunction & Nondisclosure

Hiring Us For Expunction

Expunction vs. Expungement

Categories of Expunction

Categories of Nondisclosure

Entities Which Continue To See Criminal Record Information

Criminal Offenses that Cannot be Nondisclosed