This does not guarantee, however, that the judge will grant your petition and issue an order of nondisclosure. The judge must issue an order of nondisclosure only upon a finding that issuance of the order is in the best interest of justice. Below you will find a petition form. You will also find detailed instructions on completing the form. You can fill in the blanks on the form by typing your answers in the spaces provided.
Alternatively, you may handwrite the answers. Your petition does not need to be notarized. You may file your completed petition with the appropriate court clerk electronically, by mail, or in person. What happens after I file my Petition for an Order of Nondisclosure? Once you have filed your petition, you do not need to provide notice to anyone else. The court clerk will provide notice of the filing of your petition to the State of Texas i. The State may request a hearing on your petition.
The first decision for the judge at the hearing will be whether you are entitled to file the petition. The second decision for the judge at the hearing will be whether issuance of an order of nondisclosure is in the best interest of justice. If the State requests a hearing before the 45th day after receiving notice of the filing of your petition, the judge must hold a hearing.
You will be required to attend this hearing. If the State does not ask for a hearing, the judge may still decide to hold a hearing. You will be given notice of the place and time of the hearing so be sure to keep your contact information up to date with the clerk of the court.
In many instances, however, the judge will not hold a hearing. If the State does not request a hearing, the judge may issue an order of nondisclosure without holding any hearing. The judge will decline to hold a hearing in such a circumstance if he or she makes two determinations: that you are entitled to file a petition for an order of nondisclosure; and that issuance of an order of nondisclosure is in the best interest of justice.
In such an instance, the court clerk will provide you with a copy of the order of nondisclosure. Who do I contact if I have questions about this process? This may cause your petition for an order of nondisclosure to be denied. Limited Scope Representation If you have questions about the form, please contact the Texas Office of Court Administration at What happens after the court grants me an Order of Nondisclosure?
Forms and Instructions Below NOTE: It is a good idea to have a lawyer review your forms before you file or send them to ensure you have taken the right steps in the legal system. Limited Scope Representation Please see the forms and instructions for this type of order of nondisclosure directly below. This article has information on the different types of nondisclosures in Texas and what you need to do to get one.
This article includes informatio Read More. This article contains information on orders of nondisclosure for cases dismissed on or after September 1, State Jail Felony Community Supervision. Contact Us. Site Map. Copyright Notices. Privacy Policy. Arrow Left Arrow Right. Basically, community supervision means that instead of going to jail or prison as a punishment, a defendant is allowed by the judge to stay in the community and be supervised by the court.
The supervision term can be up to two years for a misdemeanor and up to ten years for a felony. The judge will impose requirements on the community supervision. For example, a defendant may be drug tested, will have to be employed, and will probably have to do community service. The most important requirement is not to pick up another offense. If one violates the terms of community supervision, the D.
As a condition of community supervision, the judge can order the person to spend time in jail. For example, on a misdemeanor, the judge can order the defendant to spend up to 30 days in jail.
For any felony, the judge can order up to days in jail as a condition of the community supervision. Deferred adjudication is usually offered to first time offenders. It is typically a better deal than regular community supervision because if a person finishes the term successfully, the person does not have a conviction.
A conviction is a loose legal term that means a finding of guilt. A successfully completed deferred adjudication often can be sealed from public view with a non-disclosure. Deferred adjudication cannot be granted by a jury. So once a defendant elects to go to trial, deferred adjudication is a not a possible punishment. If a person on deferred adjudication does not comply with the conditions of his community supervision, the D.
If the judge decides to adjudicate the person, the person can be sentenced to any term in the statutory range. Example: Say Tex is put on 9 months deferred for assaulting someone at a bar.
This is a Class A misdemeanor punishable by up to a year in jail. Three months into the term, he fails a drug test or picks up a DWI. Eventually, after a hearing, the judge can revoke his community supervision and sentence him to up to one year the statutory maximum for assault in jail. But any such dismissal does not allow an application for expunction or non-disclosure of charges.
For more clarity, contact an experienced Houston criminal defense attorney. Criminal records are often sold by the counties and the state to private background check companies. These companies often misreport criminal histories. For example, they may incorrectly report a completed deferred or a set-aside as a conviction. Some employers may disqualify an applicant for a conviction. A deferred sentence will still be on your criminal history after you complete the probation period.
To erase the record and be able to deny the arrest, you must file a petition for non-disclosure. Furthermore, some deferred sentences are ineligible for Non-Disclosure.
For example, any crime involving family violence is ineligible for non-disclosure. So, if you take deferred adjudication for a Class A assault that involves family violence, that sentence will stay on your criminal history forever. Finally, some deferred sentences require a waiting period before the petition for non-disclosure can be filed.
For example, some misdemeanors like assault or unlawfully carrying a weapon require a two year waiting period before the petition can be filed. That is, you must wait two years after completing your deferred probation before attempting to clear your record.
For felonies, the waiting period is five years as of Many lawyers convince clients to take deferred sentences by arguing that the record will eventually be sealed.
Remember that some offenses can never be sealed, and some offenses require the waiting period. So while deferred adjudication is often a good deal, sometimes you might be better off fighting the charge and proving your innocence. Change language : Spanish. No Automatic Expunction After Deferred Adjudication in Texas In Texas, deferred adjudication does not imply a sentence, and thus, the defendant escapes the present and future effects of a conviction, such as job loss, suspension of driving license, or exclusion from public assistance programs.
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