Cypress, TX asked in Criminal Law and Employment Law for Texas

Q: Denied employment due to criminal history. Recently got an order of non-disclosure. Reapply?

I was denied employment a few years ago due to my criminal history that is now sealed through an order of non-disclosure. Can the employer use this now that it is sealed? Should I attempted to reapply? Thank you.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The employer can continue to use any old records they might still have from your first application. If the employer uses data directly from Texas DPS then it usually only takes them a few weeks to stop reporting the case. However, most employers get background reports from third-party data brokers and it can be months before they replace and reload data from DPS. Finally, you should be aware that some employers have access to sealed records:

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