Smith County Non Disclosure Attorney

Tyler Non Disclosure Attorney

What happens if you receive deferred adjudication for a criminal offense and you successfully complete the terms of deferred adjudication?  Does this mean that your criminal history records will no longer reveal the arrest, deferred adjudication or other details concerning the criminal offense?  Unfortunately, it does not.  However, if you qualify for and are granted an order non-disclosure then the criminal records relating to the offense at issue will no longer be revealed to the public in a criminal record request.  Obtaining an order of non disclosure will allow the records related to the criminal offense to be sealed.  Criminal agencies will still be able to release the records to other criminal agencies for law enforcement purposes, but the records will not be revealed to the public upon request.

The Texas Government Code sets forth the applicable law for requesting an order of non disclosure.  You must have received and successfully completed deferred adjudication.  Certain offenses are not eligible for an order of nondisclosure even if you successfully completed deferred adjudication.  Those offenses are aggravated kidnapping, injury to a child, stalking, murder, crimes that require registration as a sex offender, or any offense that involves family violence.  Additionally, if you were convicted or received deferred adjudication for an additional criminal offense after receiving deferred adjudication for the offense you are seeking an order of non disclosure then you may become ineligible for an order of non disclosure.  Offenses under the Texas Transportation Code, which are punishable by fine only are not disqualifying events.

There are also certain waiting periods which must be considered in determining if you are eligible to file a petition for non disclosure.  If you received deferred adjudication for a felony offense then there is a waiting period of 5 years.  This means you must wait 5 years after completing deferred adjudication before you are eligible to file for an order of non disclosure.  There is a 2 year waiting period for certain misdemeanors, including, but not limited to disorderly conduct, assault, and unlawfully carrying a weapon.  For the misdemeanors that do not fall into the 2 year waiting period there is no applicable waiting period.

Call me today for a consultation to determine if you are eligible to file a petition for an order of non disclosure.