Every day, Texans in the DFW area receive deferred adjudication for a misdemeanor or felony charge with the mistaken belief that once the deferred adjudication period is over, the criminal charge will just “fall off” of their criminal record automatically. Unfortunately, this is not the case. Once your deferred adjudication period is over, you will still need to:
Once the judge reviews and agrees to the nondisclosure petition, an Order of Nondisclosure is granted, and it must then be insured that the county clerk sends certified copies of the nondisclosure order to all of the legal entities that have a record of your arrest.
Obtaining an order of nondisclosure in Texas is a legal process by which a person placed on deferred adjudication community supervision can have a misdemeanor or felony arrest “made invisible” on their permanent criminal record. More precisely, obtaining an order of nondisclosure makes a criminal charge hidden from current and future private employers when running a criminal background check. But, the crime is not totally erased. Many government entities and agencies can still see it. Thus, a nondisclosure is like an expunction, but not quite as good – because the criminal arrest is not totally erased from your record.
Plano defense attorney Andrew Peveto has spent the last 7+ years helping DFW clients (Collin County and Dallas) obtain orders of nondisclosure so they can keep their jobs and preserve their futures. If your criminal charge originated in Collin County or Dallas, we will confirm your eligibility free of charge and fully discuss your options with you. If you believe you may be eligible for a nondisclosure, fill out our contact form or call us at (972) 339-8033.
Generally speaking, people who have successfully completed deferred adjudication probation are eligible for a certificate of nondisclosure. There are, however, some exceptions to this rule. Furthermore, a waiting period may be imposed depending on the crime. If you were not only arrested and charged with a crime, but also “convicted,” you are NOT eligible for nondisclosure.
Some crimes are not eligible for a certificate of nondisclosure because deferred adjudication is not an available option on a plea of guilty – most notably DWI charges. If you were arrested, charged, and subsequently pled guilty to driving while intoxicated in Texas, you cannot get that removed from your criminal record – ever. Other crimes that can NOT be non-disclosed are flying while intoxicated, boating while intoxicated (BWI), intoxication assault, intoxication manslaughter, a repeat drug offense in a school or other drug-free zone, and most sex offenses. If you received a conviction for any class A, class B, or class C misdemeanor charge you are not eligible for a certificate of nondisclosure.
Unfortunately, there are also a few criminal charges that are ineligible for a nondisclosure EVEN IF you received deferred adjudication. Such crimes include family violence assault, violation of a protective order, injury to a child or elderly person, sexual assault, abuse, and stalking. Even though deferred adjudication is sometimes an available option for these crimes, they are still not eligible for an order of nondisclosure under Texas law.
Most Texas misdemeanors do NOT have a waiting period to file the petition for nondisclosure following the completion of the deferred adjudication period. As soon as it is confirmed that you have completed your deferred adjudication, you can have an attorney file a motion to dismiss the case, and immediately file for the certificate of nondisclosure. However, there is a two-year waiting period for certain misdemeanor assault charges, family offenses, weapons charges, and disorderly conduct.
All felony charges have a five year waiting period before a certificate of nondisclosure can be filed. The waiting period starts running from the date you were discharged from felony deferred adjudication probation.
The Law Offices of Andrew S. Peveto can handle every aspect of clearing your criminal record – from filing the nondisclosure petition to attending your hearing, insuring that the Order of Nondisclosure is signed by the judge, and insuring that the proper businesses and government entities are notified. If you feel you may be eligible for a certificate of nondisclosure in Collin County or Dallas, TX contact Peveto Law today. You need to get your criminal record cleared as soon as possible.
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