NONDISCLOSURE ELIGIBILITY

dallas expunction lawyer

Dallas Expunction Lawyer 

In 2003, the Texas Legislature adopted procedures to restrict the disclosure of the records of certain defendants who successfully completed their deferred adjudication.  A person may petition a court for an order of nondisclosure if he meets five requirements:

Five Requirements

  • He was placed on deferred adjudication community supervision under Article 42.12, Section 5 of the Code of Criminal Procedure;
  • He subsequently received a discharge and dismissal under Article 42.12, Section 5(c);
  • He filed his petition after the applicable waiting period;
  • During his period of community supervision and during the applicable waiting period he was not convicted of or placed on deferred adjudication under Article 42.12, Section 5 for any offense other than an offense under the Transportation Code punishable by fine only; and
  • He was not placed on deferred adjudication and has not previously been convicted or placed on deferred adjudication for certain enumerated offenses.

Requirement # 1: To be entitled to an order of nondisclosure, the petitioner must have been placed on deferred adjudication under Article 42.12, Section 5.

Requirement # 2: To be eligible for a nondisclosure of his records, a petitioner must have obtained a discharge and dismissal of his case under Article 42.12, Section 5(c) of the Code of Criminal Procedure.  

That section requires a judge to discharge the defendant and dismiss the proceedings on the expiration of a successfully completed community supervision.  That section also allows a judge to discharge a defendant and dismiss the proceedings prior to the expiration of the term of community supervision if in the judge’s opinion the best interest of society and the defendant will be served and if the offense does not require registration as a sex offender.

The date of the discharge and dismissal is the starting point for all waiting periods for filing a petition for nondisclosure.  A defendant should move the court for an order of discharge and dismissal immediately upon successfully completing his community supervision.

Requirement # 3: The applicable waiting period must have expired before a petitioner files his petition for nondisclosure.  The proper time for filing depends on whether the petitioner was placed on deferred adjudication for a felony or a misdemeanor, and if a misdemeanor, what kind of misdemeanor.  The proper time for filing a petition is:

  • Two years after the petitioner  obtained an order of discharge and dismissal for misdemeanors found in Chapter 20, 21, 22, 25, or 46 of the Texas Penal Code;
  • Immediately upon the discharge and dismissal for all other misdemeanors; and
  • Five years after obtaining the discharge and dismissal for felony offenses.

Requirement # 4: A petition is not entitled to an order of nondisclosure if, during his period of community supervision or during the applicable waiting period, he is convicted of or placed on deferred adjudicate under Article 42.12 Section 5 for any offense other than an offense under the Transportation Code punishable by fine only.

Requirement # 5: The petitioner was not paced on deferred adjudication and has not previously been convicted of or placed on deferred adjudication for any of the following offenses:

  • An offense requiring registration as a sex offender;
  • Aggravated kidnapping;
  • Murder;
  • Capital Murder;
  •  Injury to a child, elderly individual, or disabled individual;
  • Abandoning or endangering a child;
  • Violation of a protective order or magistrate’s order;
  • Stalking; or
  • Any other offense involving family violence.