Do offenses that are the subject to orders of non-disclosure need to be revealed?
Pursuant to the Govt. Code [552.142 (b)], if you have criminal matters that are the subject of an order of non-disclosure you are not required to reveal those criminal matters on the Declaration/Application form. However, a criminal matter that is the subject of an order of non-disclosure may become a character and fitness issue. Pursuant to other sections of the Government Code [411.081(d), 411.081(i)(5), 411.083(b), 411.084(a), 411.087(a), and 411.100], the Texas Board of Law Examiners is entitled to access criminal history record information that is the subject of an order of non-disclosure. So, if the BLE discovers a criminal matter that is the subject of an order of non-disclosure, even if you properly did not reveal that matter, the BLE may ask you to provide information about that criminal matter.
