austindefender

Criminal defense in Austin Texas.

Judge’s Order – Petition for Non-Disclosure

Posted By on November 18, 2008

Again, sorry for the crappy formatting.

Better version here: nondisclosure-order.

Cause No. ________________

The State of Texas					§		In The District Court
                                                        §
vs.                                                     §		______ Judicial District
                                                        §                                                                                      §
__________________________                              §		________ County, Texas
Defendant						§

ORDER PROHIBITING DISCLOSURE OF
CRIMINAL HISTORY RECORD INFORMATION

Today, the Court heard the defendant’s petition asking the court to issue an order of prohibiting criminal justice agencies from disclosing the defendant’s criminal history record information relating to the offense that gave rise to the defendant’s deferred adjudication. See Tex. Govt. Code § 411.081(d)-(h).

After notice to the state, the Court conducted a hearing on the defendant’s petition. The defendant, his counsel (if any), and counsel for the State were present. After hearing all the evidence, the Court is of the opinion that the petition is meritorious.

Accordingly, the Court Finds:

1) the defendant entered a plea of guilty or nolo contendere in this cause and the Court placed the defendant on deferred adjudication community supervision; and

2) at the end of the period of supervision, the Court dismissed the proceedings in this cause and discharged the defendant from deferred adjudication community supervision; and

3) the defendant satisfies the requirements of Sections 411.081(d) & (e) of the Texas Government Code;

4) the defendant was entitled to file the petition and tendered a twenty-eight dollar ($28.00) fee to the clerk; and

5) issuance of this order is in the best interest of justice.

The Court Orders that criminal justice agencies are prohibited from disclosing to the public criminal history record information related to the defendant’s commission of the offense of _______________ on __________________, for which the defendant was placed on deferred adjudication community supervision in this cause.

The following information is provided to identify the defendant:

NAME:

SEX:

RACE:

DATE OF BIRTH:

DRIVER’S LICENSE NUMBER:

SOCIAL SECURITY NUMBER:

The Court finds that defendant is entitled to nondisclosure of the following information:

ALLEGED OFFENSE:

DATE OF ALLEGED OFFENSE:

DATE OF ARREST:

COUNTY WHERE ARRESTED:

MUNICIPALITY WHERE ARREST OCCURRED:

ARRESTING AGENCY:

CASE NUMBER:

COURT:

The Court further Orders the Clerk of the Court to send a copy of this Order by secure electronic mail to the Crime Records Service of the Department of Public Safety. Pursuant to Section 411.081(g) of the Texas Government Code, the Crime Records Service of the Department of Public Safety shall send a copy of this Order by mail or electronic means to all 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, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of this order, including the following agencies known to the defendant to have criminal history record information subject to this order:

(a) Travis County Sheriff’s Department

5555 Airport Blvd.
Austin, TX 78751

(b) Texas Department of Public Safety

Crime Records Service MSC 0234

P. O. Box 4143

Austin, TX 78765-4143

(c) Travis County District Attorney’s Office

509 W.11th St
Austin, TX 78701

(d) Austin Police Department

PO Box 1088

Austin, TX 78767

(e) Travis County District Clerk’s Office

PO Box 679004

Austin, TX 78767

(f) Travis County Pretrial Services

509 W. 11th St. Rm 1.800

Austin, TX 78701

The Court further Orders that this document is confidential. It is not public information as that term is defined under the Texas Public Information Act and shall not be disseminated pursuant to a request made under the Public Information Act.

Signed this ______ day of ______________________, 20___.

_________________________________________

Judge Presiding


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