ORDER OF NONDISCLOSURE
A new Texas law may allow you to clear your criminal record!

Have you successfully completed "deferred adjudication probation"  in Texas?  If you think no one can find out about your criminal case... think again!  Your case is a matter of public record, even if it was dismissed when you completed your probation.

As of September 1, 2003, an "Order of Nondisclosure" is a legal procedure through which, under certain circumstances, a court order can be obtained which prohibits governmental agencies from disclosing the existence of your case.  This remedy is available for both misdemeanors and felonies.

MISDEMEANORS- in most cases, you can petition the court for an order of nondisclosure IMMEDIATELY upon successful completion of your deferred adjudication probation.  For certain crimes, a five year waiting period applies.  These include:

          Unlawful restraint or transport;
          Public lewdness or indecent exposure;
          Assaultive offenses (assault, deadly conduct, terroristic threat);
          Offenses against the family (e.g., harboring a runaway, bigamy);
          Riot, obstructing a highway, cruelty to animals;
          Weapons offenses (e.g., unlawfully carrying a weapon)

FELONIES- in most cases, you must wait ten years after successful completion of your deferred adjudication probation before you can petition the court for an order of nondisclosure.  Certain offenses cannot be sealed with an order of nondisclosure:

Any offense requiring sex offender registration;
Aggravated kidnapping;
Murder;
Capital murder;
Injury to a child, elderly individual, or disabled individual;
Abandoning or endangering a child;
Violation of a protective order;
Stalking; and
Other family violence offenses (family violence is violence or the threat of violence against a relative or a current or former housemate)

WHAT YOU MAY NOT KNOW...
Even if your case has been dismissed by means of deferred adjudication probation, ANYONE who checks your criminal history will see that you have been charged with a crime, and that you entered either a "guilty" or "no contest" plea!  Potential employers can easily access this information.

When you are arrested, numerous city, state, and federal agencies retain this information, regardless of the outcome of your case.  If you are arrested in Dallas County, these agencies may include the Dallas County District Attorney's Office, City of Dallas Police Department, Dallas County Sheriff's Office, Dallas County Bond Desk, Dallas County Jail, Texas Department of Public Safety, and the FBI.