Houston DWI Lawyer | DWI Defense in Houston, TX

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.

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I have had several appearances this year in the 177Th District Court where Judge Kevin Fine is now the presiding judge.  I have noticed a refreshing change from the bench.  Judge Fine is really encouraging everyone who is fighting a drug problem to seek treatment for their addiction.  Most importantly, he has told me that he is an avid fan of early termination for people that elect community supervision.  Of course, the person must be doing well and have reached the required time to be eligible for early termination.  This benefits someone tremendously because the clock starts ticking to qualify for a motion for non disclosure if they received deferred adjudication.  Hopefully, this will be an ongoing trend in Harris County, Texas since I have found it onerous to get someone early terminated in the past.

I hope that Judge Fine continues his innovative thinking and maverick personality during his judicial tenture.

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