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Tim Powers Criminal Law

Denton, Lewisville, Flower Mound and Corinth DWI and Criminal Attorney

A new Texas law may allow you to clear your criminal record!

Have you successfully completed "deferred adjudication probation" in Texas? If you think no one can find out about your criminal case... think again! Your case is a matter of public record, even if it was dismissed when you completed your probation.

As of September 1, 2003, an "Order of Nondisclosure" is a legal procedure through which, under certain circumstances, a court order can be obtained which prohibits governmental agencies from disclosing the existence of your case. This remedy is available for both misdemeanors and felonies.

MISDEMEANORS in most cases, you can petition the court for an order of nondisclosure IMMEDIATELY upon successful completion of your deferred adjudication probation. For certain crimes, a five year waiting period applies. These include:
  • Unlawful restraint or transport;
  • Public lewdness or indecent exposure;
  • Assaultive offenses (assault, deadly conduct, terroristic threat);
  • Offenses against the family (e.g., harboring a runaway, bigamy);
  • Riot, obstructing a highway, cruelty to animals;
  • Weapons offenses (e.g., unlawfully carrying a weapon)
FELONIES in most cases, you must wait ten years after successful completion of your deferred adjudication probation before you can petition the court for an order of nondisclosure. Certain offenses cannot be sealed with an order of nondisclosure:
  • Any offense requiring sex offender registration;
  • Aggravated kidnapping;
  • Murder;
  • Capital murder;
  • Injury to a child, elderly individual, or disabled individual;
  • Abandoning or endangering a child;
  • Violation of a protective order;
  • Stalking; and
  • Other family violence offenses (family violence is violence or the threat of violence against a relative or a current or former housemate)
Even if your case has been dismissed by means of deferred adjudication probation, ANYONE who checks your criminal history will see that you have been charged with a crime, and that you entered either a "guilty" or "no contest" plea! Potential employers can easily access this information.

When you are arrested, numerous city, state, and federal agencies retain this information, regardless of the outcome of your case. If you are arrested in Denton County, these agencies may include the Denton County District Attorney's Office, the arresting agency, Denton County Sheriff's Office, the Court issuing the warrant for your arrest, Denton County Clerks's Office, Denton County Jail, Texas Department of Public Safety, the U.S. Department of Justice and the FBI.

Interested in obtaining an order of nondisclosure? Click here...
*Each petition for an order of nondisclosure must be judged on its own merit. The judge will consider a number of factors when determining whether to grant any such request. Under Texas law, an order of nondisclosure cannot be obtained on an offense for which you have been convicted.

The above information is not intended to disseminate legal advice or include all situations or facts specific to your case. Certain factors (including, but not limited to aggravating circumstances or prior criminal record used for enhancement) may alter the punishment range for the crime for which the defendant is actually charged. For further information which applies your facts to the law contact our office for a FREE CONSULTATION at 940.483.8000 or metro 972.724.4820.

Criminal defense attorney Tim Powers graduated cum laude from Tulane University School of Law in New Orleans. He is a former Assistant District Attorney and Chief Misdemeanor Prosecutor, Powers was voted 1997 Denton County Prosecutor of the Year.

Tim has experience in over 5,000 DWI, drug, assault/family violence, divorce and family law cases in North Texas. He recently served as a Municipal Court Judge in Denton County. He is a member of the College of the State Bar of Texas, the Texas Criminal Defense Lawyer's Association, the National Association of Criminal Defense Lawyers and the Denton County Bar Association.

Tim Powers is an experienced legal analyst and commentator for various media outlets including the Associated Press and has been seen in national mediums including: USA Today, Newsday, ABC News Online,, The Dallas Morning News, Fort Worth Star Telegram, and Denton Record-Chronicle, among others.

He frequently appears on FOX 4 News, NBC 5, CBS 11, and WB33. Tim has extensive radio experience. He is a regular guest on shows across the nation including America @ Night, The Jeff Katz Show, The Popoff Report, The Flipside and many more. Locally, he serves as an analyst for WBAP, KRLD, the Texas State Network, KLIF, News Talk 990, KLLI's The Russ Martin Show and the Marty Griffin Show.

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Our office is located at:
121 North Woodrow Lane
Suite 201
Denton, Texas 76205
(we are located just east of the Denton County Courthouse)

972.724.4820 (Metro)
940.483.8300 (Fax)
Click here for directions to our office.

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© 2005 — 2014 Law Offices of Tim Powers | Principal Office — Denton, Texas | Attorney responsible for the content of advertising is: Timothy E. Powers | Our attorneys have years of criminal law experience. We utilize that experience in attempt to get the best result possible in your case. | This Website is considered an ADVERTISEMENT according to the Rules of Professional Conduct of the State Bar of Texas. | Disclaimer | Licensed by the Supreme Court of Texas. | The Law Offices of Tim Powers located next the Denton County Courthouse, serves clients throughout Texas, including Plano, Denton, Lewisville, Flower Mound, Carrollton, Corinth, Lake Dallas, Hickory Creek, Trophy Club, Keller, Aubrey, Pilot Point, Ponder, Krum, Little Elm, The Colony, Westlake, Roanoke, Highland Village, Dallas, Denton County, Dallas County, Tarrant County, and Collin County