The Petition for Non-Disclosure of Criminal History, also popularly known as “Sealing the Record,” is available for individuals who were placed on Deferred Adjudication Community Supervision and successfully completed the program and their case was dismissed. The Judge must determine if the non-disclosure is in “the best interest of justice.”
The individual may petition the Court regardless of whether the person has been previously placed on Deferred Adjudication for another offense.
An individual who was granted Deferred Adjudication and successfully completed it will be disqualified from sealing their record if the individual committed any of the following offenses:
1. Indecency With A Child
2. Sexual Assault / Aggravated Sexual Assault
3. Any type of Family Violence
5. Violation of Protective Order
6. Abandonment or Endangering a Child
7. Injury to Child or Elderly
8. Murder / Capital Murder
11. Burglary of Habitation with Intent to Commit a Sexual Offense.
For most misdemeanors the individual may petition the Court immediately upon completion of Community Supervision. For a number of other misdemeanors, the wait is two (2) years from the successful discharge of the Community Supervision.
For felonies the individual may petition the Court after five (5) years from the dismissal/discharge of Community Supervision.
Regardless if the individual receives the non-disclosure there are numerous state and federal agencies that will still be able to gain access to the individual’s criminal record history. This situation is mainly associated with licensing, background and government employment screenings.
Don't take chances with the fate of your future. Contact my Houston Criminal Defense law firm today for a consultation and see how affordable quality representation can be.
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