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Nondisclosures can be granted on many misdemeanor and felony offenses. There are no waiting periods for some misdemeanor offenses. Once the deferred adjudication probation is completed you may be eligible for nondisclosure. There are some misdemeanor cases that require 2 years of waiting after the deferred adjudication probation if over. Felony cases require a 5 year wait. There are also some offenses that the State of Texas legislature has determined should not be nondisclosed. Nondisclosure is a discretionary act by the judge that had jurisdiction on the original case. Once the waiting period is over, if you want to determine your eligibility contact Martin J. Rubin, an experienced Texas nondisclosure attorney for a free consultation.
 
 SUBCHAPTER E-1.  ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION

 

 

Sec. 411.071.  DEFINITIONS.  In this subchapter, "criminal history record information," "criminal justice agency," and "criminal justice purpose" have the meanings assigned by Section 411.082.

Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 1, eff. September 1, 2015.

 

 

Sec. 411.0715.  DEFINITION OF DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR PURPOSE OF RECEIVING ORDER OF NONDISCLOSURE.  For purposes of an order of nondisclosure of criminal history record information under this subchapter, a person is considered to have been placed on deferred adjudication community supervision if, regardless of the statutory authorization:

(1)  the person entered a plea of guilty or nolo contendere;

(2)  the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court; and

(3)  at the end of the period of supervision the judge dismissed the proceedings and discharged the person.

Transferred, redesignated and amended from Government Code, Section 411.081(f) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 2, eff. September 1, 2015.

 

 

Sec. 411.072.  PROCEDURE FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS.  (a)  This section applies only to a person who:

(1)  was placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for a misdemeanor other than a misdemeanor:

(A)  under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal Code; or

(B)  with respect to which an affirmative finding under Section 5(k), Article 42.12, Code of Criminal Procedure, was filed in the papers of the case; and

(2)  has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than an offense under the Transportation Code that is punishable by fine only.

(b)  Notwithstanding any other provision of this subchapter or Subchapter F, if a person described by Subsection (a) receives a discharge and dismissal under Section 5(c), Article 42.12, Code of Criminal Procedure, and satisfies the requirements of Section 411.074, the court that placed the person on deferred adjudication community supervision shall issue an order of nondisclosure of criminal history record information under this subchapter prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication community supervision.  The court shall determine whether the person satisfies the requirements of Section 411.074, and if the court makes a finding that the requirements of that section are satisfied, the court shall issue the order of nondisclosure of criminal history record information:

(1)  at the time the court discharges and dismisses the proceedings against the person, if the discharge and dismissal occurs on or after the 180th day after the date the court placed the person on deferred adjudication community supervision; or

(2)  as soon as practicable on or after the 180th day after the date the court placed the person on deferred adjudication community supervision, if the discharge and dismissal occurred before that date.

(c)  The person shall present to the court any evidence necessary to establish that the person is eligible to receive an order of nondisclosure of criminal history record information under this section.  The person must pay a $28 fee to the clerk of the court before the court issues the order.

Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 3, eff. September 1, 2015.

 

 

Sec. 411.0725.  PROCEDURE FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; FELONIES AND CERTAIN MISDEMEANORS.  (a)  This section applies only to a person placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, who is not eligible to receive an order of nondisclosure of criminal history record information under Section 411.072.

 

Text of subsection effective until January 01, 2017

 

(b)  Notwithstanding any other provision of this subchapter or Subchapter F, if a person described by Subsection (a) receives a discharge and dismissal under Section 5(c), Article 42.12, Code of Criminal Procedure,  and satisfies the requirements of Section 411.074, the person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section.

 

Text of subsection effective on January 01, 2017

 

(b)  Notwithstanding any other provision of this subchapter or Subchapter F, if a person described by Subsection (a) receives a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, and satisfies the requirements of Section 411.074, the person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section.

(c)  Except as provided by Section 411.074, a person may petition the court for an order of nondisclosure under this section regardless of whether the person has been previously convicted of or placed on deferred adjudication community supervision for another offense.

(d)  After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue 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 community supervision.

(e)  A person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section only on or after:

(1)  the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2);

(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, 43, or 46, Penal Code; or

(3)  the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.40, eff. January 1, 2017.

Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 9.001, eff. September 1, 2015.

Transferred, redesignated and amended from Government Code, Section 411.081(d) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 4, eff. September 1, 2015.

 

 

Sec. 411.0728.  PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING OF PERSONS.  (a)  This section applies only to a person who on conviction for an offense under Section 43.02, Penal Code, is placed on community supervision under Article 42.12, Code of Criminal Procedure, and with respect to whom the conviction is subsequently set aside by the court under Section 20(a) of that article.

(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who satisfies the requirements of Section 411.074 may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section on the grounds that the person committed the offense solely as a victim of trafficking of persons.

(c)  After notice to the state, an opportunity for a hearing, and a determination by the court that the person committed the offense solely as a victim of trafficking of persons and that issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense under Section 43.02, Penal Code, giving rise to the community supervision.

(d)  A person may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section only after the person's conviction under Section 43.02, Penal Code, is set aside.

Added by Acts 2015, 84th Leg., R.S., Ch. 1070 (H.B. 2286), Sec. 2.01, eff. September 1, 2015.

 

 

Sec. 411.073.  PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN MISDEMEANORS.  (a)  This section applies only to a person placed on community supervision under Article 42.12, Code of Criminal Procedure:

(1)  following a conviction of a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; and

(2)  under a provision of Article 42.12, Code of Criminal Procedure, other than Section 5, including:

(A)  a provision that requires the person to serve a term of confinement as a condition of community supervision; or

(B)  another provision that authorizes placing a person on community supervision after the person has served part of a term of confinement imposed for the offense.

(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) whose community supervision is not revoked and who completes the period of community supervision may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section if the person:

(1)  satisfies the requirements of this section and Section 411.074; and

(2)  has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than an offense under the Transportation Code that is punishable by fine only.

(c)  After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the community supervision.

(d)  A person may petition the court that placed the person on community supervision for an order of nondisclosure of criminal history record information under this section only on or after:

(1)  the completion of the community supervision, if the offense for which the person was placed on community supervision was a misdemeanor other than a misdemeanor described by Subdivision (2); or

(2)  the second anniversary of the date of completion of the community supervision, if the offense for which the person was placed on community supervision was a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or 46, Penal Code.

Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 5, eff. September 1, 2015.

 

 

Sec. 411.0735.  PROCEDURE FOR CONVICTION AND CONFINEMENT; CERTAIN MISDEMEANORS.  (a)  This section applies only to a person who:

(1)  is convicted of a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code;

(2)  is sentenced to and serves a period of confinement; and

(3)  is not eligible for an order of nondisclosure of criminal history record information under Section 411.073.

(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the period of confinement and is released may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person:

(1)  satisfies the requirements of this section and Section 411.074; and

(2)  has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than an offense under the Transportation Code punishable by fine only.

(c)  After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the confinement.

(d)  A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section only on or after the second anniversary of the date of completion of the period of confinement.

Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 5, eff. September 1, 2015.

 

 

Sec. 411.074.  REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE.

 

Text of subsection effective until January 01, 2017

 

(a)  A person may be granted an order of nondisclosure of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on deferred adjudication community supervision for the offense for which the order of nondisclosure is requested, and during any applicable waiting period after completion of the sentence or deferred adjudication community supervision required by this subchapter, the person is not 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.

 

Text of subsection effective on January 01, 2017

 

(a)  A person may be granted an order of nondisclosure of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on deferred adjudication community supervision for the offense for which the order of nondisclosure is requested, and during any applicable waiting period after completion of the sentence or deferred adjudication community supervision required by this subchapter, the person is not convicted of or placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only.

(b)  A person may not be granted an order of nondisclosure of criminal history record information under this subchapter and is not entitled to petition the court for an order under this subchapter if:

(1)  the person was convicted or placed on deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication community supervision for:

(A)  an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;

(B)  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;

(C)  an offense under Section 19.02, 19.03, 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or

(D)  any other offense involving family violence, as defined by Section 71.004, Family Code; or

(2)  the court makes an affirmative finding that the offense for which the order of nondisclosure of criminal history record information is requested involved family violence, as defined by Section 71.004, Family Code.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.40, eff. January 1, 2017.

Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 1279, Sec. 6, eff. September 1, 2015.

 

 

Sec. 411.0745.  PETITION AND ORDER.  (a)  A person who petitions the court for an order of nondisclosure of criminal history record information under this subchapter, when a petition is required, may file the petition in person, electronically, or by mail.

(b)  The petition must be accompanied by payment of a $28 fee to the clerk of the court in addition to any other fee that generally applies to the filing of a civil petition.

(c)  The Office of Court Administration of the Texas Judicial System shall prescribe a form for the filing of a petition electronically or by mail.  The form must provide for the petition to be accompanied by the required fees and any other supporting material determined necessary by the office of court administration, including evidence that the person is entitled to file the petition.

(d)  The office of court administration shall make available on its Internet website the electronic application and printable application form.  Each county or district clerk's office that maintains an Internet website shall include on that website a link to the electronic application and printable application form available on the office of court administration's Internet website.

(e)  On receipt of a petition under this section, the court shall provide notice to the state and an opportunity for a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice.  The court shall hold a hearing before determining whether to issue an order of nondisclosure of criminal history record information, except that a hearing is not required if:

(1)  the state does not request a hearing on the issue before the 45th day after the date on which the state receives notice under this subsection; and

(2)  the court determines that:

(A)  the person is entitled to file the petition; and

(B)  the order is in the best interest of justice.

Transferred, redesignated and amended from Government Code, Section 411.081(f-1) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 7, eff. September 1, 2015.

 

 

Sec. 411.075.  PROCEDURE AFTER ORDER.  (a)  Not later than the 15th business day after the date an order of nondisclosure of criminal history record information is issued under this subchapter, the clerk of the court shall send all relevant criminal history record information contained in the order or a copy of the order by certified mail, return receipt requested, or secure electronic mail, electronic transmission, or facsimile transmission to the Crime Records Service of the department.

(b)  Not later than 10 business days after receipt of relevant criminal history record information contained in an order or a copy of an order under Subsection (a), the department shall seal any criminal history record information maintained by the department that is the subject of the order.  The department shall also send all relevant criminal history record information contained in the order or a copy of the order by certified mail, return receipt requested, or secure electronic mail, electronic transmission, or facsimile transmission to all:

(1)  law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;

(2)  central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order; and

(3)  private entities that purchase criminal history record information from the department or that otherwise are likely to have criminal history record information that is subject to the order.

(c)  The director shall adopt rules regarding minimum standards for the security of secure electronic mail, electronic transmissions, and facsimile transmissions under Subsections (a) and (b).  In adopting rules under this subsection, the director shall consult with the Office of Court Administration of the Texas Judicial System.

(d)  Not later than 30 business days after receipt of relevant criminal history record information contained in an order or a copy of an order from the department under Subsection (b), an individual or entity described by Subsection (b)(1) shall seal any criminal history record information maintained by the individual or entity that is the subject of the order.

(e)  The department may charge to a private entity that purchases criminal history record information from the department a fee in an amount sufficient to recover costs incurred by the department in providing relevant criminal history record information contained in an order or a copy of an order under Subsection (b)(3) to the entity.

Transferred, redesignated and amended from Government Code, Section 411.081 by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 8, eff. September 1, 2015.

 

 

 

Sec. 411.0755.  STATEMENT IN APPLICATION FOR EMPLOYMENT, INFORMATION, OR LICENSING.  A person whose criminal history record information is the subject of an order of nondisclosure of criminal history record information issued under this subchapter is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of the order.

Transferred, redesignated and amended from Government Code, Section 411.081(g-2) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 9, eff. September 1, 2015.

 

 

Sec. 411.076.  DISCLOSURE BY COURT.  (a)  A court may not disclose to the public any information contained in the court records that is the subject of an order of nondisclosure of criminal history record information issued under this subchapter.  The court may disclose information contained in the court records that is the subject of an order of nondisclosure of criminal history record information only to:

(1)  criminal justice agencies for criminal justice or regulatory licensing purposes;

(2)  an agency or entity listed in Section 411.0765; or

(3)  the person who is the subject of the order.

(b)  The clerk of the court issuing an order of nondisclosure of criminal history record information under this subchapter shall seal any court records containing information that is the subject of the order as soon as practicable after the date the clerk of the court sends all relevant criminal history record information contained in the order or a copy of the order to the department under Section 411.075(a).

Transferred, redesignated and amended from Government Code, Section 411.081(g-3) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 10, eff. September 1, 2015.

 

 

Sec. 411.0765.  DISCLOSURE BY CRIMINAL JUSTICE AGENCY.  (a)  A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure of criminal history record information under this subchapter only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (b), or the person who is the subject of the order.

(b)  A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure of criminal history record information under this subchapter 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 Juvenile Justice Department;

(11)  the Department of Assistive and Rehabilitative Services;

(12)  the Department of State Health Services, a local mental health service, a local intellectual and developmental disability authority, or a community center providing services to persons with mental illness or intellectual or developmental disabilities;

(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, or a facility as defined by Section 250.001, Health and Safety Code;

(18)  the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;

(19)  the Texas State Board of Public Accountancy;

(20)  the Texas Department of Licensing and Regulation;

(21)  the Health and Human Services Commission;

(22)  the Department of Aging and Disability Services;

(23)  the Texas Education Agency;

(24)  the Judicial Branch Certification Commission;

(25)  a county clerk's office in relation to a proceeding for the appointment of a guardian under Title 3, Estates Code;

(26)  the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to:

(A)  the Department of Information Resources; or

(B)  a contractor or subcontractor of the Department of Information Resources;

(27)  the Texas Department of Insurance;

(28)  the Teacher Retirement System of Texas;

(29)  the Texas State Board of Pharmacy;

(30)  a bank, savings bank, savings and loan association, credit union, or mortgage banker, a subsidiary or affiliate of those entities, or another financial institution regulated by a state regulatory entity listed in Subdivision (18) or by a corresponding federal regulatory entity, but only regarding an employee, contractor, subcontractor, intern, or volunteer of or an applicant for employment by that bank, savings bank, savings and loan association, credit union, mortgage banker, subsidiary or affiliate, or financial institution; and

(31)  an employer that has a facility that handles or has the capability of handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials, if:

(A)  the facility is critical infrastructure, as defined by 42 U.S.C. Section 5195c(e), or the employer is required to submit to a risk management plan under Section 112(r) of the federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and

(B)  the information concerns an employee, applicant for employment, contractor, or subcontractor whose duties involve or will involve the handling, transporting, storing, processing, manufacturing, or controlling hazardous, explosive, combustible, or flammable materials and whose background is required to be screened under a federal provision described by Paragraph (A).

Reenacted, transferred, redesignated and amended from Government Code, Section 411.081(i) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 11, eff. September 1, 2015.

 

 

Sec. 411.077.  DISPOSITION OF FEE; DEPARTMENT OF PUBLIC SAFETY REPORT.  (a)  The clerk of a court that collects a fee in connection with a petition or order for nondisclosure of criminal history record information under this subchapter shall remit the fee to the comptroller not later than the last day of the month following the end of the calendar quarter in which the fee is collected, and the comptroller shall deposit the fee in the general revenue fund.

(b)  The department shall submit a report to the legislature not later than December 1 of each even-numbered year that includes information on:

(1)  the number of petitions for nondisclosure of criminal history record information and orders of nondisclosure of criminal history record information received by the department in each of the previous two years;

(2)  the actions taken by the department with respect to the petitions and orders received;

(3)  the costs incurred by the department in taking those actions; and

(4)  the number of persons who are the subject of an order of nondisclosure of criminal history record information and who became the subject of criminal charges for an offense committed after the order was issued.

Transferred, redesignated and amended from Government Code, Section 411.081(h) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 12, eff. September 1, 2015.

 

 

Sec. 411.0775.  ADMISSIBILITY AND USE OF CERTAIN CRIMINAL HISTORY RECORD INFORMATION IN SUBSEQUENT CRIMINAL PROCEEDING.  Notwithstanding any other law, criminal history record information that is related to a conviction and is the subject of an order of nondisclosure of criminal history record information under this subchapter may be:

(1)  admitted into evidence during the trial of any subsequent offense if the information is admissible under the Texas Rules of Evidence or another law; or

(2)  disclosed to a prosecuting attorney for a criminal justice purpose.

Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 13, eff. September 1, 2015.

 

 
 

 

Misdemeanors with No Waiting Period for Nondisclosure

If your case is a misdemeanor under the following sections of the Penal Code, our firm may file a petition for nondisclosure immediately after completion of the deferred adjudication community supervision and dismissal of the case. 

Possession of Marijuana 

Unlawful Use of Criminal Instrument;

Unlawful Access to Stored Communications

Illegal Divulgence of Public Communications

Unlawful Installation of Tracing Device             

Criminal Mischief if loss less than $1500

Reckless Damage or Destruction

Interference w/ Railrold Property

Graffiti:  If Pecuniary Loss is Less than $1500     

Burglary of Coin-Operated or Coin Collection Machines

Burglary of Vehicles

Criminal Trespass

Criminal Trespass by Holder of License to Carry Concealed Handgun

Theft

Theft of Services less than $1500

Tampering with Identification Numbers

Theft of or Tampering with Multichannel Video or Information Services

Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services

Sale or Lease Multichannel Video or Information Service Device

Possession, Manufacture, Distribution of Certain Instruments used to Commit Retail Theft            

Forgery

Criminal Simulation

Trademark Counterfeiting

Stealing or Receiving Stolen Check or Similar Sight Ord          

False Statement to Obtain Property or Credit

Hindering Secured Creditors

Fraudulent Transfer of Motor Vehicle

Credit Card Transaction Record Laundering        

Issuance of a Bad Check

Deceptive Business Practices

Rigging Publicly Exhibited Contest

Illegal Recruitment of an Athlete

Misapplication of Fiduciary Property or Property of Financial Institution

Securing Execution of Document by Deception

Fraudulent Destruction, Removal, or Concealment of Writing

Simulating Legal Process

Refusal to Execute Release of Fraudulent Lien or Claim

Deceptive Preparation and Marketing of Academic Report

Fraudlent, Substandard, or Fictitious Degree              

Breach of Computer Security

Tampering with a Direct Recording Electronic Voting Machine

Online Harassment

Unauthorized Use of Telecommunications Service

Theft of Telecommunication Service

Publication of Telecommunications Access Device           

Insurance Fraud

Medicaid Fraud      

Coercion of Public Servant or Voter

Improper influence

Acceptance of Honorarium

Gift to Public Servant by Person Subject to his Jurisdiction

Offering Gift to Public Servant            

Perjury

False Report to Police Officer or Law Enforcement Employee

False Report Regarding Missing Child or Missing Person

Tampering with or Fabricating Physical Evidence

Tampering with Governmental Record

Fraudulent Filing of Financing Statement

False Identification as a Peace Officer; Misrepresentation of Property

Record of Fraudulent Court 

Failure to ID

Resisting Arrest, Search, or Transportation

Evading Arrest or Dentention

Hindering Apprehension or Prosecution

Escape

Permitting or Facilitating Escape

Bail Jumping and Failure to Appear

Improper Contact with Victim

Contraband in a Correctional Facility

Barratry and Solicitation of Professional Employment

Unauthorized Practice of Law

Hindering Proceedings By Disorderly Conduct

Interference with Public Duties

Interference with Service Animals

Preventing Execution of Civil Process

Failure to Stop or Report Aggravated Sexual Assault of Child

Failure to Report a Felony

Use of Accident Report Information & Other Information for Pecuniary Gain

Failure to Provide Notice and Report of Death of Resident of Institution

Interference with Radio Frequency Licensed to a Government Entity

Abuse of Official Capacity

Official Oppression

Violation of Civil Rights of Person in Custody

Failure to Report Death of Prisoner

Misuse of Official Information           

Prostitution

Promotion of Prostitution           

Obscene Display or Distribution

Obscenity

Sale, Distribution, or Display of Harmful Material to Minor

Employment Harmful to Children 

Gambling

Gambing Promotion

Keeping a Gambling Place

Communicating Gambling Information

Possession of Gambling Device, Equipment, or Paraphernalia 

Smoking Tobacco

Prohibitions Relating to Certain Cigarettes

Prohibition of the Purchase or Sale of Human Organ 

Public Intoxication

Possession of Alcohol in a Motor Vehicle

Driving While Intoxicated

Assembling or Operating an Amusement Ride while Intoxicated 

Violation of Court Order Enjoining Criminal Activity

Misdemeanor with Two Year Waiting Period 

If your case is a misdemeanor under the following chapters of the Penal Code, our firm may file a petition for nondisclosure two (2)  years after completition of the deferred adjudication community supervision and dismissal of the case.

Unlawful Restraint

Homosexual Conduct

Public Lewdness

Indecent Exposure           

Assault but not against police officer, family member or member of household

Deadly Conduct

Terroristic Threat

Aiding Suicide

Leaving a  Child in a Vehicle           

Bigamy

Enticing a Child

Harboring a Runaway Child

Violation of Protective Order Preventing Offense Caused by Bias or Prejudice

Advertising for Placement of Child 

Disorderly Conduct

Riot

Obstructing of Highway or Other Passageway

Disrupting Meeting or Procession

Funeral Disruption

False Alarm or Report

Interference with Emergency Telephone Call

Harassment

Abuse of Corpse

Cruelty to Livestock Animals

Attack on Assistance Animals

Cruelty to Non-Livestock Animals

Dog Fighting

Destruction of Flag

Discharge of Firearm in Certain Municipalities

Use of Laser Pointers

Illumination of Aircraft by Intense Light

Unlawfully Carrying Weapons

Unlawful Carrying of Handgun by License Holder

Unlawful Possession of a Firearm

Prohibited Weapon

Unlawful Transfer of Certain Weapons

Hoax Bombs

Making a Firearm Accessible to a Child

Firearm Smuggling

Felony Five Year Waiting Period 

If your case is a felony and is not excluded, our firm may file a petition for nondisclosure five (5) years after completion of the deferred adjudication community supervision and dismissal of the case.

 



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