Ineligible for non-disclosure
Under Section 411.081(e) (1)-(4), Government Code, anyone who has ever committed any of the following offenses (including as the offense for which the defendant got deferred adjudication) is not entitled to seek an order of nondisclosure.
- Abandoning or endangering a child
- Aggravated kidnapping
- Aggravated sexual assault
- Any other offense involving family violence
- Attempt, conspiracy, or solicitation to commit any of the above offenses
- Burglary of a habitation with intent to commit any of the above offenses
- Capital murder
- Compelling prostitution
- Indecency with a child
- Injury to a child, elderly individual, or disabled individual
- Murder
- Possession or promotion of child pornography
- Prohibited sexual conduct (incest)
- Sexual assault
- Sexual performance by a child
- Stalking
- Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
- Violation of protective order or magistrate’s order
Eligible for non-disclosure
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 plea; it is the date that the deferred adjudication was concluded.
All felonies – 5 years from date of discharge and dismissal.
The following misdemeanors – 2 years from date of discharge and dismissal.
- Abuse of corpse
- Advertising for placement of child
- Aiding suicide
- Assault
- Bigamy
- Cruelty to animals
- Deadly conduct
- Destruction of flag
- Discharge of firearm
- Disorderly conduct
- Disrupting meeting or procession
- Dog fighting
- False alarm or report
- Harassment
- Harboring runaway child
- Hoax bombs
- Indecent exposure
- Interference with emergency telephone call
- Leaving a child in a vehicle
- Making a firearm accessible to a child
- Obstructing highway or other passageway
- Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
- Public lewdness
- Riot
- Silent or abusive calls to 9-1-1 service
- Terroristic threat
- Unlawful carrying of handgun by license holder
- Unlawful carrying weapons
- Unlawful possession of firearms
- Unlawful restraint
- Unlawful transfer of certain weapons
- Violation of protective order preventing offense caused by bias or prejudice
All other misdemeanors – May file immediately upon discharge and dismissal.
If you have a criminal history and would like your record to be cleared up, call Fort Worth expungements and non-disclosure lawyer Trent Loftin today for a free consultation. Our phone number is (817) 429-2000. Or fill out our free case evaluation form.
