Non-Disclosures
You need an experienced record sealing attorney if you have successfully completed "Deferred Adjudication" and want to start the "Record Sealing" process. If you were charged with a felony or a misdemeanor and you were successsfully discharged from any further community supervision, or "Deferred Adjudication," you may not be aware of your right to file a petition for non-disclosure.
This applies to any charge where deferred adjudication was completed, although some applicable waiting periods may apply.
Order of Non-Disclosure
Anyone who has been placed on deferred adjudication through probation or community supervision can likely apply to "non-disclose" their criminal record, effectively by requesting an order of non-disclosure under section 411.081 of the Texas Government Code. If an individual has been placed on deferred adjudication and they subsequently receive a discharge or a dismissal of their criminal charges, they are eligible to petition for nondisclosure and have their criminal record sealed from public view. After an individual has had their criminal record sealed (or non-disclosed) they do not have to disclose they were involved in any criminal proceeding on any application for employment, application for licensing, or application for educational admissions.
Waiting Periods/Eligibility
An individual that completed deferred community supervision for a felony offense, may be eligible to petition for a non-disclosure of their criminal record five years after completing their deferred adjudication probation or community supervision. Some misdemeanor offenders may be eligible to request a non-disclosure immediately after they complete a period of deferred adjudication community supervision. In other cases, a misdemeanor offender will be required to wait a period of two years before filing a petition for non-disclosure.
Criminal Offenses which require a 2-year waiting period can include, but are not limited to:
- Assault;
- Harassment;
- Indecent exposure;
- Unlawful carrying of a weapon or unlawful possession of a firearm.
An individual will NOT be eligible to file a petition for non-disclosure if they have been charged with certain offenses that include, but are not limited to
- Sexual Assault;
- Family Violence Offenses;
- Violations of Protective Orders;
- Aggravated Sexual Assault;
- Indecency with a Child;
- Murder;
- Capital Murder;
- Aggravated Kidnapping.
This petition for non-disclosure applies to many felonies after your 5th year anniversary of the release and/or dismissal for a felony deferred adjudication date. However, there are still several that are not eligible. The rules and technicalities of deferred adjudication probation can be very tricky and misleading. Even if you completed your requirements, you may still not be eligible to have your entire record sealed.
The Law Offices of Carl David Ceder can has assisted numerous individuals file for petitions for non-disclosure for a variety of criminal cases. Even if you have been granted an order of non-disclosure, only the general public will not be able to access your court records, but governmental, law and other authorities will never lose the privilege of viewing your records, sealed or otherwise. However, this will still allow you to have a second chance at a normal life where you do not have to worry about having a record showing up everywhere, like on job applications.
Contact Us Now
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.
