austindefender

Criminal defense in Austin Texas.

Orders of Nondisclosure

Posted By on September 20, 2010

Orders of Nondisclosure are governed by Texas Government Code Section 411.081.

An Order of Nondisclosure is an order from a judge, telling DPS (Texas Department of Public Safety) to seal information related to an offense.  It’s a way to clear the slate, so to speak – if you’re eligible.

Are You Eligible?

First off, you’re only eligible if you got probation, and the kind of probation you got was “deferred adjudication.”  What does deferred adjudication mean?

It means the judge in your case “deferred” – or put off – finding you guilty, even though you said you were guilty (or said, “no contest.”)   If you got regular probation – meaning the judge pronounced you “guilty,” you’re not eligible.

You have to have completed your probation successfully.  If you got revoked, you’re not eligible.

There are also waiting periods that apply.  For most misdemeanors, you’re eligible as soon as your probation is complete.  For others, including Assault, Cruelty to Animals and Unlawful Restraint, the wait is 2 years.

For felonies, the wait is ordinarily 5 years.

There are some kinds of cases where you are never eligible for an Order of Nondisclosure.  These include injury to a child, violation of protective order, family violence, and sex offenses.

It is true that a deferred adjudication is not a conviction.  The fact that you were on deferred adjudication, however, is public information, unless or until you get it sealed.

To see your DPS record, go here.


Comments

One Response to “Orders of Nondisclosure”

  1. Ann says:

    Hi,

    I’m trying to find the forms needed to petition for a non-disclosure of a felony from roughly 16 years ago. 17 when the incident occurred but over 18 by the time the differed adjudication was complete. It’s preventing me from getting jobs in today’s economic standing and will my skills I really need this speed bump if not removed from my record per Texas State Law, at least sealed from the public’s view. If you could assist me in any way with this I would be extremely appreciative. It happened in Montgomery County and the Judge that handled my case has since then passed. I’m unsure if they will make the task easier or more difficult.

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