Deferred Adjudication Nondisclosure Attorney
Even if your case was dismissed upon the completion of deferred adjudication probation, your arrest record can still disadvantage you when applying for jobs, housing, or schools. Fortunately, the law allows you to have this information “sealed” by applying for an order of nondisclosure. The attorneys at Westfall Sellers have helped hundreds of people seal their records and enrich their futures.
What is a Nondisclosure?
Unlike an expunction, a nondisclosure does not permanently destroy your record in its entirety. A nondisclosure does, however, limit peoples’ access to your record, protecting you from the harmful effects of an arrest. Upon the signing of an order of nondisclosure, your record is no longer public record and many people will be unable to view it.
Am I Eligible for a Nondisclosure?
Texas Government Code § 411.071governs nondisclosures. Essentially, any offense for which the defendant successfully completed deferred adjudication supervision is eligible for a nondisclosure, except:
- Capital Murder;
- Aggravated Kidnapping;
- Abandoning or Endangering a Child;
- Injury to a Child, Elderly Individual, or Disabled Individual;
- Any Offense Requiring Registration as a Sex Offender; and
- Any Offense Involving Family Violence
Nondisclosure After DWI Conviction & Probation
In addition to the charges above, DWIs have their own special set of rules regarding nondisclosures. If you have successfully completed deferred adjudication probation for an offense other than those listed above, you must also fulfill a waiting period prior to seeking a nondisclosure. During the waiting period, you must not be convicted of any other criminal offenses. Generally, felony charges require a waiting period of five years from the completion of deferred adjudication, while misdemeanor charges require a two-year waiting period. However, many misdemeanors have no waiting period at all. To find out whether you’re eligible to have your record sealed, contact an attorney from Westfall Sellers today for a free case evaluation.
Why Should I get a Nondisclosure?
With the computerization of criminal records, it has never been easier to view someone’s criminal history. With the click of a button, potential employers, landlords, mortgage lenders, banks, and university admissions departments are able to view your criminal history. Any evidence of a misdemeanor or felony arrest or prosecution can close doors and cause you to miss out on the opportunities you have worked so hard for. Do not allow your criminal history to hold you back anymore. Call Westfall Sellers today to set up a free consultation regarding your nondisclosure.
How do I get a Nondisclosure?
The process of getting a nondisclosure is very similar to that of an expunction. If you are eligible, the first step is to prepare a Petition for Nondisclosure, requesting the court grant your Order. The petition must contain all relevant information concerning the offense(s) to be sealed such as the offense charged, the date of the arrest, the name of the arresting agency, and dates when the petitioner was on deferred adjudication probation. The next step is to file your petition with the proper court. Whether your petition should be filed with a municipal court, county court, or district court depends on the level of the offense. After your petition is properly filed, the state may request a hearing or the court may set one on its own.
At the hearing, the state will have an opportunity to contest the nondisclosure. If the court decides it is in the best interest of justice to grant your nondisclosure it will sign your Order for Nondisclosure. Courts typically expect the order to be prepared ahead of time.
Order of Nondisclosure Lawyer
While a nondisclosure is a great opportunity for those who qualify, filing for an order of nondisclosure can be complicated. As with any legal proceeding, nondisclosures can be very complex and mistakes may prohibit you from successfully sealing your record. As such, we recommend hiring an experienced attorney who knows how to seal a criminal record. To learn more about the nondisclosure process and find out whether you qualify, contact Westfall Sellers today online, or call us at (817) 928-4222.