Read this overview and click here if you feel that you qualify.
Non-Disclosure Felony Petition Overview
These are very tuff times. People generally don't have the extra money they had at one time in order to take care of things that are important to them. As it relates to the services that we provide, a person's criminal history can be difference from getting the perfect job, place to stay, or being admitted into professional groups and many other things that he or she needs or wants to be involved in. This service offers a cost effective ways to deal with your criminal record in a way that won't beat up your pocketbook.
The law, the forms, and instructions, surrounding Expunctions and Non-Disclosures were provided by Andre L. Ligon, attorney at law. He is an attorney with over 14 years of criminal law experience. Although his practice is located in Harris County, he has practiced criminal defense law all over the state of Texas. You will have access to the law, forms and instructions for $79.00, instead of paying a lawyer thousands of dollars to do the same thing.
How the system works
First one must determine if he qualifies for the relief he or she is looking for. If you don't know, this site gives you access to the law, to determine whether or not you qualify for a non-disclosure (record sealed) or expunction (record cleared).
If you feel that you qualify, you can use the site to determine what information is needed before you purchase the forms and packet provided by this site.
Non-Disclosures
The right to a non-disclosure is governed by the Texas Government Code, Section 411.081. (Link to this Section)
In order to qualify to have your record sealed, you have to have received a deferred adjudication and successfully completed it. Meaning that you completed all of the terms of the community supervision and the Court that you received the deferred has discharged you and dismissed the case. You will not qualify if you, you received an unsatisfactory discharge or the D.A.'s office filed a motion to adjudicate (motion to revoke your Deferred Adjudication).
Felonies
If you are looking to get a Felony Case sealed/Non-disclosed, you qualify if the following apply:
- You Completed the Deferred adjudication
- The Court discharged you from your obligations after you successfully completed the probation
- You have not been charged and/or convicted of any additional crimes, since being discharged from probation
- 5 years have passed since you were discharged or you successfully completed the deferred adjudication
You are not eligible to have the charge sealed or Non-Disclosed if you received deferred adjudication fot eh following cases:
- Sexual Assault Cases
- Kidnapping, unlawful restraint, and smuggling of a person(s)
- Murder, Injur or abandoning a child, and Stalking
This is not an exhaustive list, please check the Texas Government Code section 411.081, to determine whether you are entitled to receive a non-disclosure or contact an attorney or one of the attorneys working with this site for a consultation.
Non-Disclosure Record Law
411.081. APPLICATION OF SUBCHAPTER.
(a) This subchapter does not apply
to criminal history record information that is contained in:
(b) This subchapter does not prohibit a criminal justice agency from disclosing to the public criminal history record information that is related to the offense for which a person is involved in the criminal justice system.
(c) This subchapter does not prohibit a criminal justice agency from confirming previous criminal history record information to any person on specific inquiry about whether a named person was arrested, detained, indicted, or formally charged on a specified date, if the information disclosed is based on data excluded by Subsection (b).
(d) Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), the person may petition the court that placed the defendant on deferred adjudication for an order of nondisclosure under this subsection. Except as provided by Subsection (e), a person may petition the court under this subsection regardless of whether the person has been previously placed on deferred adjudication community supervision for another offense. After notice to the state and a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication. A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court that placed the person on deferred adjudication for an order of nondisclosure on payment of a $28 fee to the clerk of the court in addition to any other fee that generally applies to the filing of a civil petition. The payment may be made only on or after:
Text of subsec. (g) as amended by Acts 2005, 79th Leg., ch. 177, § 3
(g) When an order of nondisclosure is issued under this subsection, the clerk of the court shall send to the Crime Records Service of the Department of Public Safety a copy of the order by:
Text of subsec. (g) as amended by Acts 2005, 79th Leg., ch. 1309, § 3
(g) When an order of nondisclosure is issued under this section, the clerk of the court shall send a copy of the order by certified mail, return receipt requested, to the Crime Records Service of the Department of Public Safety. Not later than 10 business days after receipt of the order, the Department of Public Safety shall seal any criminal history record information maintained by the department that is the subject of the order. The department shall also send a copy of the order by mail or electronic to all:
Text of subsec. (g-1) as added by Acts 2005, 79th Leg., ch. 177, § 3
(g-1) The Department of Public Safety shall send a copy of the order by mail or secure electronic mail or facsimile transmission to all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order.
Text of subsec. (g-1) as added by Acts 2005, 79th Leg., ch. 1309, § 3
(g-1) Not later than 30 business days after receipt of an order from the Department of Public Safety under Subsection (g), an individual or entity described by Subsection (g)(1) shall seal any criminal history record information maintained by the individual or entity that is the subject of the order.
(g-2) A person whose criminal history record information has been sealed under this section is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.
(h) The clerk of a court that collects a fee under Subsection (d) shall remit the fee to the comptroller not later than the last day of the month following the end of the calendar quarter in which the fee is collected, and the comptroller shall deposit the fee in the general revenue fund. The Department of Public Safety shall submit a report to the legislature not later than December 1 of each even-numbered year that includes information on:
(i) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to the following noncriminal justice agencies or entities only:
(j) If the Department of Public Safety receives information indicating that a private entity that purchases criminal history record information from the department has been found by a court to have committed five or more violations of Section 552.1425 by compiling or disseminating information with respect to which an order of nondisclosure has been issued, the department may not release any criminal history record information to that entity until the first anniversary of the date of the most recent violation.
Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 1236, § 4, eff. Sept. 1, 2003;
Acts 2005, 79th Leg., ch. 177, § 3, eff. Sept. 1, 2005;
Acts 2005, 79th Leg., ch. 1309, § 3, eff. Sept. 1, 2005.
click here if you feel that you qualify.