SEALING YOUR RECORD

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.”

Prior Offenses

The individual may petition the Court regardless of whether the person has been previously placed on Deferred Adjudication for another offense.

Disqualification

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
4. Stalking
5. Violation of Protective Order
6. Abandonment or Endangering a Child
7. Injury to Child or Elderly
8. Murder / Capital Murder
9. Kidnaping
10. Pornography
11. Burglary of Habitation with Intent to Commit a Sexual Offense.

Waiting Periods

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.

Disclosure of Criminal History

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.

Attorney Practice Areas:

Home
Firm Overview
Attorney
Practice Areas
Contact Us
Resource Links
Sitemap