Texas Nondisclosure Eligibility Requirements
Getting the Fresh Start You Deserve
An Order of Nondisclosure prevents certain public agencies, such as the court or police department, from disclosing certain records of your criminal history. Nondisclosures can give those with criminal records a fresh start. But Texas maintains a strict set of nondisclosure eligibility requirements. To complicate matters further, those requirements have recently changed. That said, it’s always best to discuss your case in detail with an experienced criminal defense attorney, but let’s start by going over some basic information about Texas nondisclosures.
In Texas, you can petition for a nondisclosure of a specific criminal offense. Please note that, if granted, your nondisclosure will only apply to the offense in question. Obtaining a nondisclosure for one offense will not affect the public’s ability to see any other offenses on your criminal record. Again, the eligibility requirements for nondisclosures have recently changed and are complicated to navigate. However, there are some basic requirements you must meet to be eligible for any Texas nondisclosure. There are also specific requirements that vary based on the type of nondisclosure you seek to obtain. Let’s take a look at the basic requirements anyone seeking a Texas nondisclosure must meet.
You are not eligible for a nondisclosure if:
- The offense for which you wish to obtain a nondisclosure or any other offense you’ve either been convicted of or placed on deferred adjudication for is:
- An offense requiring you to register as a sex offender under Chapter 62 of the Code of Criminal Procedure
- An offense of aggravated kidnapping (as defined under Texas Penal Code 20.04), or
- Any one of the following offenses; murder, capital murder, trafficking of persons, continuous trafficking of persons, injury to a child, elderly, or disabled person, abandoning or endangering a child, violation(s) or repeated violation(s) of any court order or condition of bond in a family violence, sexual assault or abuse, stalking or trafficking case, stalking, or any other offense involving family violence.
- You were convicted or placed on deferred adjudication for any other offense after you were convicted of or placed on deferred adjudication for the offense you wish to obtain a nondisclosure for. This excludes fine-only traffic violations.
Meeting the above basic eligibility requirements isn’t enough. But once you confirm you meet these requirements, you can move on to the next step of determining what type of nondisclosure you can obtain. There are different types of nondisclosures with different procedural requirements. This blog is not meant to be an exhaustive guide to these requirements. In general, however, the type of nondisclosure you are eligible for, the specific requirements you must meet and the procedure for obtaining one will vary based on:
- Whether your offense was a misdemeanor or a felony
- Whether it was a considered a nonviolent offense
- Whether you were convicted or placed on deferred adjudication
- Whether you were placed on community supervision (i.e. probation) or sentenced to a period of confinement
- Whether your offense was a Driving While Intoxicated (DWI) offense
- Whether you went through and successfully completed a Veteran’s Treatment Court Program, and
- Whether you were a victim of trafficking
To learn about what type of nondisclosure you are eligible for and how to obtain one, go over the circumstances and details of your offense with a criminal defense attorney. Once you determine what nondisclosure type you are eligible for and the procedure for obtaining one, there may be additional requirements you must meet.
Depending on the type of nondisclosure you are eligible for, you may or may not have to file a petition. If you do, you must file your petition with the court clerk of the court that placed you on deferred adjudication. The court clerk will then distribute your petition to the judge, who will then send it to the district attorney’s office. If you do not have to file a petition, you will still submit certain documents along with a fee. Also, you should know that there might be a waiting period, depending on the type of nondisclosure you are eligible for.
Discuss Your Case With an Attorney
To determine your eligibility, first, confirm that you meet the basic nondisclosure eligibility requirements mentioned above. Next, discuss the facts and circumstances of your case with an experienced Dallas-Fort Worth criminal defense attorney who handles nondisclosures. Again, the exact procedure you must follow will depend on numerous factors, including what type of nondisclosure you are eligible for.
If your criminal record is holding you back in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email email@example.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.