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)
WHAT YOU MAY NOT KNOW...
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.