In the state of Texas, you may be eligible for an order of nondisclosure. An order for nondisclosure forbids criminal justice agencies from publicly divulging any criminal history record information related to a specific offense. Texas law permits an individual to petition the court for an order of nondisclosure. The individual must have successfully completed the requisite deferred adjudication community supervision in order to be eligible for an order of nondisclosure. Learn more by contacting our Plano criminal lawyer at the Wilder Law Firm.
Even if granted an order for nondisclosure, certain criminal record information is excepted from the required disclosure under the Public Information Act. According to state law, criminal justice agencies are allowed to release criminal history information subject to an order of nondisclosure to other authorized criminal justice agencies, any authorized noncriminal justice agencies, and to the individual that is the object of the order of nondisclosure.
Under Texas law, an individual must wait the requisite period before submitting a petition for nondisclosure. Generally, all felonies require a wait time of 5 years from the date of the discharge and dismissal. The majority of misdemeanors require a 2-year wait time from the date of the discharge and dismissal.
Once the appropriate wait time has concluded, the applicant may file a petition for nondisclosure. The petition must be filed in the same court that originally heard the case and should include the original criminal case number.
When completing the form, applicants are required to provide the following information:
Typically, the original court will consider the petition within fourteen days after the petition was filed. If the applicant misses this scheduled hearing date, the petition will most likely be dismissed and the applicant will not be provided relief.
Before your nondisclosure can take place, you will first need to attend your hearing.
At the hearing, applicants are required to speak to the following evidence and elements at issue:
After the court hears the evidence at the hearing, it will make the decision to either grant the order or deny the petition.
If the order is granted, the court will send the order to the Department of Public Safety (DPS). DPS will then notify the appropriate law enforcement agencies, jails, courts, attorneys, and any other party that is believed to have a record of the offense that has been granted the order of nondisclosure.