Texas Order of Non-Disclosure
It can be very difficult to take advantages of life’s opportunities with a criminal record. And while expunction in available for some, it doesn’t work for everybody.
However, if you have been placed on deferred adjudication for a misdemeanor A/B or a felony, and if the deferred adjudication was successfully completed and the charge was dismissed, you are eligible to have your criminal records sealed by petitioning the court for an Order of Non-Disclosure.
What is Deferred Adjudication?
Deferred adjudication is defined as the postponement of the judgment on the charges for a set probationary period. In Texas, prosecutors typically offer defendants deferred adjudication in exchange for a “guilty” or “no contest” plea.
When that probationary period ends, and if the conditions of the probation are met successfully, the charges are then dismissed. Although your record will not show a criminal conviction, a record of your arrest and the court action will remain available to the public in the form of a background check.
Sealing Your Record through an Order of Non-Disclosure
Obtaining an Order of Non-Disclosure is also known as sealing your record. When your record is sealed, only those who are authorized by state of federal statute to view your record are eligible to do so. Most employers will not have access to this information. While many charges are eligible for record sealing, there are some felony charges which can never be sealed.
These charges include the following:
- Aggravated and regular sexual assault (rape)
- Aggravated kidnapping
- Prohibited sexual conduct
- Indecency with a child
- Sexual performance with a child
- Child pornography charges
- Injury to a child, elderly, or disabled person
- Abandoning or endangering a child
- Unlawful restraint or kidnapping of an individual under 17 years of age
- Compelling prostitution
- Burglary of habitation with intent to commit the above listed offenses
- Family violence
If you have a criminal record in Texas for which you received deferred adjudication, you may be eligible for an Order of Non-Disclosure. For more information, contact our Fort Worth criminal defense attorney at The Clark Law Firm today.