Motion for Non Disclosure in Texas
Since this is a daily question in my practice as crimianl defense attorney in Houston I wanted to give more details about Motion for Non Disclosures.
In Texas, employers, and most landlords investigate your criminal record. Despite a deferred adjudication not being a conviction landlords and employers generally treat it the same as a conviction. That means that people are often unable to rent apartments or get jobs because of the deferred adjudication on their criminal records.
When I started practicing law a deferred adjudication remained on a person's criminal record forever. Luckily, in 2003 the Texas state legislature changed the law concerning deferred adjudication records.
Today, a person who has successfully completed a deferred adjudication probation for a class B misdemeanor, a class A misdemeanor, or a felony, may (depending on the offense committed) be able to ask the judge of the court of original jurisdiction that put him on deferred to sign an "order of nondisclosure" barring governmental agencies from disclosing the existence of the charge or the deferred adjudication sentence.
For most misdemeanors, the defendant can petition for the order of nondisclosure immediately after the deferred adjudication is successfully completed and the case is dismissed. For others, a defendant must wait five years after the deferred adjudication is completed and the case is dismissed to file for an order of nondisclosure. For felonies, the wait is five years after the deferred adjudication is completed and the case is dismissed. Some offenses cannot be sealed with an order of nondisclosure.
Most importantly, a person may deny the occurrence of the arrest and prosecution unless the information is being used against him in a subsequent criminal proceeding.
If you received deferred adjudication, but did not successfully complete it, you will not be eligible for a motion for non disclosure. If you receive "straight probation", you are convicted of the crime with which you are charged, and become ineligible for a motion for non disclosure.
If you need assistance with clearing your record in Houston, Harris County, Texas please contact our law firm at (713) 242-1779 or visit our website at www.mmalaw.com.
I have a felony domestic assault in which I have completed the 6 years probation. It is causing issues with me getting employment. Can I file a motion of non disclosure?