A family member had a DWI and is worried it will always be a problem with jobs or when someone does a background check. We want to see if there is a way to get it off the record.
Non Disclosure" is an order by a court, ordering that the information relating to a defendant not be disclosed to the public. This allows a defendant to answer "honestly" on an employment application that they have not been the subject of any criminal proceeding. There are a number of agencies that are exempt from non disclosure, some examples of these agencies are:
The Texas Private Security Board
The Texas Medical Board
The Texas Board of Nursing
The Board of Law Examiners
The Texas Education Agency
The Texas State Board of Pharmacy.
Many of the agencies deal with health care, schools, handling of children and elderly, and other State agencies. These industries, if they are specifically exempt still have access to non disclosed records.
For a non disclosed "conviction", like in the case of a DWI most people will find the benefit of now not having to notify or disclose to potential employers a DWI "conviction", which would have shown in previous traditional background searches.
It is now possible to have an order of non-disclosure entered on DWI cases. There are certain requirements as to when and under what circumstances this can be obtained, so I suggest you contact the attorney who represented your family member on the original case for specific details.