New Braunfels Nondisclosure Lawyer
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If you have successfully completed deferred adjudication in Central Texas, you may be eligible for a petition for non-disclosure. It is important to note that completion of deferred adjudication does not automatically seal your record; you must file a petition of non-disclosure to seal the record.
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Contact me for a free case review if you want to clear a criminal record in Comal County, or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County
Eligibility for Non-Disclosure
First, you must successfully complete your deferred adjudication probation.
If you completed deferred adjudication for a felony, five years from the date of the discharge must elapse before a petition for non-disclosure can be filed. For most misdemeanors, you can file immediately after completing the deferred adjudication. However, for some misdemeanors, you must wait two (2) years after the date of discharge before seeking a petition for non-disclosure.
If the two or five year waiting period applies to you, you cannot be convicted or put on deferred adjudication for another offense during that period. Traffic tickets during the waiting period are okay.
Finally, you cannot have ever been convicted of certain offenses or placed on deferred adjudication for certain offenses. These offenses include any crime that requires registration as a sex offender, aggravated kidnapping, murder, injury to a child, stalking, and any offense that involves family violence.
The Impact of Non-Disclosure
Effect: If you are granted non-disclosure, criminal justice agencies will not be allowed to disclose information about the offense. Furthermore, you may deny that you were ever arrested, except in a future criminal prosecution.
The law allows for certain government agencies to obtain information about your offense. Some of those agencies include the Texas Department of Licensing and Regulation, the Texas Department of Health, and the TABC.
Non-disclosure orders do not apply in a few other limited instances. For example, if you apply to be a teacher, a school may get information about your arrest. If you apply to be a nurse or a lawyer, the Boards that regulate those professions in Texas may get information about your offense. Or if you want to adopt a child, a non-disclosure order will not apply.
I Can Help
Contact me for a free case review if you want to clear a criminal record in Comal County, or other Central Texas counties such as Hays County, Guadalupe County, Travis County, or Bexar County.
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