The List of Who Can See a Non-Disclosed Criminal Record in Texas

March 28, 2014

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

A non-disclosure can generally be described as “hiding” a criminal record from the public.  This means your record never really goes away.  Certain agencies and entities can always view your criminal record.

You can read about eligibility requirements here for a petition for non-disclosure.

Here is the list currently provided by the Texas Government Code 411.081(i) of agencies that can see non-disclosed criminal records.

  • The State Board for Educator Certification;
  • School Districts;
  • Charter Schools;
  • Private Schools;
  • Regional education-service center;
  • Commercial-transportation companies;
  • Education shared-service arrangement companies;
  • Texas Medical Board;
  • Texas School for the Blind and Visually Impaired;
  • Board of Law Examiners;
  • State Bar of Texas;
  • A District Court regarding petition for name change;
  • Texas School for the deaf;
  • Department of Family and Protective Services;
  • Texas Youth Commission;
  • Department of Assistive and Rehabilitation Services;
  • Department of State Health Services;
  • Local mental…

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The Law On Manslaughter and Criminally Negligent Homicide in Texas

March 17, 2014

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577


Manslaughter in Texas is codified under Texas Penal Code Chapter 19.04(a) and is committed when someone “recklessly causes the death of an individual.”  Manslaughter is a 2nd Degree Felony (2 to 20 years in the Texas Department of Corrections).

The legal definition for reckless is defined by Tex.Pen.C. 6.03(c).  That provision states, ” A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”

This legal standard is clearly and…

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Getting Help for Addiction

March 13, 2014

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Lawyer Jeremy Rosenthal

(972) 369-0577

I pride myself on being a zealous advocate for the accused.  I’m a lawyer — not a therapist, drug counselor or judge.  My first view of any legal problem is to look for legal and factual defenses for my client’s benefit.  If I can ethically acquit my client based on the facts and the law I will do my best to do so.

When clients confide in me they have a substance abuse issue with drugs or alcohol, this is secondary in my analysis of their case.  This is for several reasons.  First, my client’s personal life is honestly none of my business and mature lawyers recognize people come for legal help and not therapeutic or spiritual help.  Secondly, when a person is in my office for help, they generally have enough people judging them already and they simply don’t…

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5 Reasons Not to Testify in Your Own Defense

March 12, 2014

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Lawyer Jeremy Rosenthal

(972) 369-0577

The U.S. Constitution and Texas Code of Criminal Procedure 38.08 guarantee a person on trial the right to testify in their own defense.  38.08 reads, “Any defendant in a criminal action shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented on by counsel in the cause.”

The vast majority of experienced criminal defense lawyers will advise their clients against testifying in the vast majority of cases.  There are many reasons why defense lawyers think this way and here are just some:

1.  It is virtually impossible to convince someone you are innocent of a crime.

We assume that people listening to us are open minded and can be persuaded with…

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Defending Child Abuse Charges

March 10, 2014

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

No one wants for children to be abused.  We are biologically and sociologically programmed to love, nurture and protect them.  Our natural rush to defend children, though, can bring out the worst in people.

Child abuse cases originate in several ways.  Often one parent will accuse another parent of abuse in custody or divorce proceedings.  Some times people in contact with children suspect abuse or neglect and contact authorities.  Another source is where medical personnel feel abuse was possible.

Child abuse charges can be extremely difficult to defend regardless of whether the alleged physical injuries are slight or devastating.  Virtually always the evidence is not only circumstantial — but highly subjective and medically complex.

Defending these cases takes time, patience, and a thorough review of complete medical history of the child and sometimes even of the parents to determine whether a child is more susceptible or prone to a particular type of injury.

*Jeremy Rosenthal is an attorney licensed to practice in Texas and is Board Certified in Criminal Law.  Nothing in this blog is intended to be legal advice.  For advice about any situation you should contact an attorney directly.