Contact Martin J. Rubin, an experienced Texas nondisclosure attorney to determine if you are eligible for nondisclosure. The laws are always changing in this fairly new area of the law that gives Texas citizens a new lease on life. The Texas legislature has determined that certain offenses can not be nondisclosed ever, and furthermore if you received deferred adjudication for one of these offenses or a conviction for one of these offenses the judges of the State of Texas can never grant you nondisclosure for any offense.
The Government Code Section 411.081(e) places limitations on obtaining the discretionary act of nondisclosure. If during the period of the deferred adjudication community supervision for which the order of nondisclosure is requested and during the applicable waiting periods the applicant is convicted of or placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only then the person is not entitled to nondisclosure.
You are not entitled to nondisclosure for any offense if you were placed on deferred adjudication community supervision or previously convicted of one of the following offenses:
(1) Offense requiring sex offender registration
(2) Aggravated kidnapping
(4) Capital murder
(5) Injury to a child or elderly person
(6) Abandoning or endangering child
(7) Violation of protective order
(9) Offense involving family violence