Petition for Non-Disclosure

Houston Criminal Lawyer

You are eligible to file a Petition for Non-Disclosure in Texas immediately after discharge and dismissal for most Misdemeanors. However, there are a few exceptions and for those Misdemeanors you will have to wait until the 2nd anniversary of your discharge and dismissal.

Texas Government Code. Department of Public Safety. Subchapter F. Section 411.081(d)(2) the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code.

You are eligible to file a Petition for Non-Disclosure after the 5th anniversary of discharge and dismissal of a Felony Deferred Adjudication. However, there are several Felony Deferred Adjudications where you are not eligible to file a Petition for Non-Disclosure.

Texas Government Code. Department of Public Safety. Subchapter F. Section 411.081(e) ...A person is not entitled to petition the court under Subsection (d) if the person was placed on the deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication for: (1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure; (2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure; (3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42.072, Penal Code; or (4) any other offense involving family violence, as defined by Section 71.004, Family Code.

You may believe that you are entitled to an Expunction if you have successfully completed a Deferred Adjudication probation, this is because at the time of your guilty plea the Judge said "if you successfully complete probation then your case will be dismissed and you will have no conviction". That is not totally correct, the Expunction statute specifically excludes an Expunction if your case ended with a Deferred Adjudication probation or community supervision. You are only entitled to file for an Expunction in a very limited number of cases. However it is likely that you are entitled to file a Petition for Non-Disclosure, which will result in a court order that prohibits the government from sharing with the general public information regarding your Deferred Adjudication.

Texas Government Code. Department of Public Safety. Subchapter F. Section 411.081(d) ...an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication. A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order.

If you received an eligible Deferred Adjudication and have successfully completed probation or community supervision, and you have subsequently received a discharge and dismissal from the court then you may petition that court for an order of Non-Disclosure. However, you should know that law enforcement will always know about your Deferred Adjudication, as well as many other government agencies and licensing authorities.

Government Agencies that know about your Deferred Adjudication

Texas Government Code. Department of Public Safety. Subchapter F. Section 411.081(i) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under Subsection (d) 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 Medical Board; (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 Texas Board of Nursing; (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 mortgage lending 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; (23) the Department of Aging and Disability Services; (24) the Texas Education Agency; (25) the Guardianship Certification Board; (26) a county clerk's office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code; (27) the Texas Department of Insurance; (28) the Court Reporter's Certification Board; and (29) the Department of Information Resources. [NOTE: all Criminal Justice Agencies will always know about a Deferred Adjudication.]

I represent people charged with a wide range of criminal offenses, including:

After an eligible Deferred Adjudication probation or community supervision has been successfully completed and after a discharge and dismissal have been received from the court, then a Petition for Non-Disclosure may be filed in that court. When the best possible outcome matters, contact the Houston, Texas, Mark A. Morasch, Attorney at Law today for a free initial consultation.

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