Bristol & Dubiel LLP | Murray L. Bristol
Petition for nondisclosure Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. There are many offenses, however, for which this procedure is unavailable. Also, a defendant may be disqualified if he/she commits an offense after the deferred adjudication has been completed and before filing the petition. Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure. The operative date is not the date that the defendant entered his/her plea: it is the date that the deferred adjudication was concluded. Felony case you must wait 5 years and some misdemeanors you must wait 2 years, however, there are some misdemeanor offenses you can file a nondisclosure immediately after probation ends.
Answer Applies to: Texas