What is a Non-Disclosure?
A non-disclosure is when you are trying to seal your criminal record as a result of successful completion of deferred adjudication for an eligible offense. The most common crimes that are not eligible for a non-disclosure are the following: Capital Murder, Murder, Sexual Offenses, Aggravated Kidnapping, Injury to Child/Elderly, Violation of Protective Order, and Assault-Family Violence. In addition, there are certain misdemeanors that require a two year waiting period from your date of discharge. There is a five year waiting period for felonies.
Sealing Your Record in Fort Worth
If you do qualify for a non-disclosure you need a Criminal attorney in Fort Worth such as me to file a petition of non-disclosure. If the Judge signs the order, the clerk must send a copy of the order to the Crime Records Service of the Department of Public Safety within 15 business days. The Texas Department of Public Safety must seal any criminal history information within 10 days of receiving the order and send the order or information to state officials and entities. The State Officials and Entities must seal any criminal history record information within 30 business days of receiving the order from the court clerk. Texas Government Code §411.081 explains in detail the right to a non-disclosure.
Fort Worth Attorney Handling Non-Disclosures:
Do I Have a Right to Non-Disclosure?
Generally, there are six requirements under the Government Code §411.081 to file for a non-disclosure including:
- You were placed on deferred adjudication probation under article 42.12 of the Code of Criminal Procedure;
- You were discharged and dismissed under article 42.12, §5(c) of the Code of Criminal Procedure;
- The petition was filed after the waiting period (if any);
- During your period of community supervision and during the applicable waiting period you were not convicted of or placed on deferred adjudication under article 42.12 §5 for any offense other than an offense punishable by fine only; and
- You were not placed on deferred adjudication and were not previously convicted or placed on deferred adjudication for offenses under section §411.081 (e) of the Government Code.
- Non-Disclosure is in the best interest of justice.
If you have been arrested and charged with a crime in Fort Worth, Arlington or surrounding city and you completed deferred adjudication, you may be entitled to a non-disclosure. If you know or are not sure if you qualify for a non-disclosure call me, a Fort Worth Criminal Attorney, and I will answer any questions you might have.
Contact my Fort Worth office now at 817-886-3078 for a free and confidential consultation with a skilled Non Disclosure Attorney.