Have you successfully completed "deferred adjudication probation" in Texas? If you think no one can find out about your criminal case...think again! Your case is a matter of public record, even if it was dismissed when you completed your probation.

As of September 1, 2003, an "Order of Nondisclosure" is a legal procedure through which, under certain circumstances, a court order can be obtained which prohibits governmental agencies from disclosing the existence of your case. This remedy is available for both misdemeanors and felonies, and is available ONLY if you successfully completed deferred adjudication. And if this probation was for a class "C" misdemeanor, you may be eligible for an expungement.

MISDEMEANORS- in most cases, you can petition the court for an order of nondisclosure immediately upon successful completion of your deferred adjudication probation. For certain crimes, a two year waiting period applies. These include:

Unlawful restraint or transport;
Public lewdness or indecent exposure;
Assaultive offenses (assault, deadly conduct, terroristic threat);
Offenses against the family (e.g. harboring a runaway, bigamy);
Riot, obstructing a highway, cruelty to animals;
Weapons offenses (e.g. unlawfully carrying a weapon)

FELONIES- in most cases, you must wait five years after successful completion of your deferred adjudication probation before you can petition the court for an order of nondisclosure. Certain offenses cannot be sealed with an order of nondisclosure:

Any offense requiring sex offender registration;
Aggravated kidnapping;
Murder;
Capital murder;
Injury to a child, elderly individual, or disabled individual;
Abandoning or endangering a child;
Violation of a protective order;
Stalking; and
Other family violence offenses (family violence is violence or the threat of violence against a relative or a current or former housemate)

WHAT YOU MAY NOT KNOW...
Even if your case has been dismissed by means of deferred adjudication probation, ANYONE who checks your criminal history will see that you have been charged with a crime, and that you entered either a "guilty" or "no contest" plea! Potential employers can easily access this information.

When you are arrested, numerous city, state, and federal agencies retain this information, regardless of the outcome of your case. These agencies may include District Attorneys, Police Departments, Sheriff's Offices, Bond Desks, County Jails, Texas Department of Public Safety, and the FBI.

Interested in obtaining an order of nondisclosure? CLICK HERE...

*Each petition for an order of nondisclosure must be judged on its own merit. The judge will consider a number of factors when determining whether to grant any such request. Under Texas law, an order of nondisclosure cannot be obtained on an offense for which you have been convicted.