If you need a non-disclosure of a criminal record in the Houston, Texas area, the hire a criminal defense lawyer with over 25-years of experience to seal your criminal record.
If you have successfully completed probation or community supervision, then you may petition that court for an Order of Non-Disclosure. However, you should know that law enforcement will always know about your Deferred Adjudication, as well as many other government agencies and licensing authorities.
For most Misdemeanors, you are eligible to file a Petition for Non-Disclosure immediately after discharge from probation. However there are a few exceptions, and for those Misdemeanors you will have to wait until the 2nd anniversary of your discharge and dismissal.
…the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code.
On the 5th anniversary of your discharge from probation for a Felony Deferred Adjudication, you are eligible to file a Petition for Non-Disclosure. However, there are several Felonies that are not eligible for Non-Disclosure.
…A person is not entitled to petition the court under Subsection (d) if the person was placed on the deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication for: (1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure; (2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure; (3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42.072, Penal Code; or (4) any other offense involving family violence, as defined by Section 71.004, Family Code.
All criminal justice agencies, and the following State agencies, will always know about your deferred adjudication.
A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under Subsection (d) to the following noncriminal justice agencies or entities only: (1) the State Board for Educator Certification; (2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement; (3) the Texas Medical Board; (4) the Texas School for the Blind and Visually Impaired; (5) the Board of Law Examiners; (6) the State Bar of Texas; (7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code; (8) the Texas School for the Deaf; (9) the Department of Family and Protective Services; (10) the Texas Youth Commission; (11) the Department of Assistive and Rehabilitative Services; (12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation; (13) the Texas Private Security Board; (14) a municipal or volunteer fire department; (15) the Texas Board of Nursing; (16) a safe house providing shelter to children in harmful situations; (17) a public or nonprofit hospital or hospital district; (18) the Texas Juvenile Probation Commission; (19) the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner; (20) the Texas State Board of Public Accountancy; (21) the Texas Department of Licensing and Regulation; (22) the Health and Human Services Commission; (23) the Department of Aging and Disability Services; (24) the Texas Education Agency; (25) the Guardianship Certification Board; (26) a county clerk’s office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code; (27) the Texas Department of Insurance; (28) the Court Reporter’s Certification Board; and (29) the Department of Information Resources.