Do You Qualify for Non-Disclosure of your Record?

If you had a prior deferred adjudication, and successfully completed it, you may be eligible for a non-disclosure of your record. 

Exceptions:    If you have ever been convicted of  one of the following crimes, you are  not entitled to seek an order of nondisclosure:

• Indecency with a child
• Sexual assault
• Aggravated sexual assault
• Prohibited sexual conduct (incest)
• Aggravated kidnapping
• Burglary of a habitation with intent to commit any of the above offenses
• Compelling prostitution
• Sexual performance by a child
• Possession or promotion of child pornography
• Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
• Attempt, conspiracy, or solicitation to commit any of the above offenses
• Capital murder
• Murder
• Injury to a child, elderly individual, or disabled individual
• Abandoning or endangering a child
• Violation of protective order or magistrate's order
• Stalking
• Any other offense involving family violence

 There is a waiting period before you can petition for non-disclosure, and that waiting period begins when you got off deferred adjudication.


                              
Felonies of any kind:                      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 firearm
• 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 the court signs a non-disclosure order, law enforcement and state regulatory agencies will still have access to your record, but the general public, including people such as prospective employers, landlords, and other curious citizens, will not.