Will my criminal record be exposed after a background check? 2 Answers as of May 26, 2011

I had a misdemeanor theft back in 2003, I plead no contest and had it sealed by order of disclosure. I'm currently employed at a credit union as a clerk in the mortgage department. Obviously I passed the background check. There is a new federal registry that anymore quoting or giving mortgage information, has to be enrolled in this registry. its called Nationwide Mortgage Licensing System & Registry (NMLS). Which requires a FBI fingerprint and background check, will my record that is sealed be exposed?

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Bristol & Dubiel LLP
Bristol & Dubiel LLP | Murray L. Bristol
The following is what the statutes states regarding disclosure of a record: A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to the following noncriminal justice agencies or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;
(3) the Texas State Board of Medical Examiners; (4) the Texas School for the Blind and Visually Impaired; (5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services; (10) the Texas Youth Commission;
(11) the Department of Assistive and Rehabilitative Services; (12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department; (15) the Board of Nurse Examiners;
(16) a safe house providing shelter to children in harmful situations; (17) a public or nonprofit hospital or hospital district;
(18) the Texas Juvenile Probation Commission;
(19) the securities commissioner, the banking commissioner, the savings and loan commissioner, or the credit union commissioner;
(20) the Texas State Board of Public Accountancy; (21) the Texas Department of Licensing and Regulation; (22) the Health and Human Services Commission; and
(23) the Department of Aging and Disability Services.
Answer Applies to: Texas
Replied: 5/26/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
A non-disclosure order is binding on everyone served. The FBI should have been served. If they were, then they are under the "gag order" and cannot disclose it.
Answer Applies to: Texas
Replied: 5/25/2011
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