· The category consists of offenses involving family violence. If you are unsure if you have a disqualifying criminal history, you may wish to check your criminal history record. You can obtain a copy of your criminal history record from the Texas Department of Public Safety (DPS). Procedures for obtaining your criminal history record can be found online at . Your criminal history record will list the offenses for which you have been convicted or placed on deferred adjudication. Your criminal history record will not show whether any of these offenses required registration as a sex offender, nor will your criminal history record reveal whether any of the offenses involved family violence. The underlying judgments of conviction and orders of deferred adjudication will reveal this information. Again, if you know your criminal history, you do not need to obtain your criminal history record. You are not required to attach your criminal history record to your petition. You may, however, attach your criminal history record to your petition if you so desire. Fifth, you must have waited a certain period of time after the court’s order of dismissal and discharge to seek an order of nondisclosure. · If the offense in question is a felony, you may not file a petition for an order of nondisclosure until the fifth anniversary after your dismissal and discharge. · If the offense is a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46 of the Texas Penal Code, your wait is shorter. Specifically, you may not file a petition for an order of nondisclosure until the second anniversary after your dismissal and discharge. · For any other misdemeanor, there is no waiting period; you may file a petition seeking an order of nondisclosure once the Court issues an order of dismissal and discharge. Sixth, you must not have been convicted of (or placed on deferred adjudication for) any criminal offenses during a special time period. A fine-only offense under the Texas Transportation Code does not count as a criminal offense for purposes of this requirement. In other words, a traffic ticket does not count as a conviction. The special time period begins on the date you were placed on deferred adjudication. The special time period ends on the date of your order of dismissal and discharge plus any applicable waiting period as described above. If you meet all six of the foregoing requirements, you are entitled to file a petition for order of nondisclosure.
· The category consists of offenses involving family violence. If you are unsure if you have a disqualifying criminal history, you may wish to check your criminal history record. You can obtain a copy of your criminal history record from the Texas Department of Public Safety (DPS). Procedures for obtaining your criminal history record can be found online at . Your criminal history record will list the offenses for which you have been convicted or placed on deferred adjudication. Your criminal history record will not show whether any of these offenses required registration as a sex offender, nor will your criminal history record reveal whether any of the offenses involved family violence. The underlying judgments of conviction and orders of deferred adjudication will reveal this information. Again, if you know your criminal history, you do not need to obtain your criminal history record. You are not required to attach your criminal history record to your petition. You may, however, attach your criminal history record to your petition if you so desire. Fifth, you must have waited a certain period of time after the court’s order of dismissal and discharge to seek an order of nondisclosure. · If the offense in question is a felony, you may not file a petition for an order of nondisclosure until the fifth anniversary after your dismissal and discharge. · If the offense is a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46 of the Texas Penal Code, your wait is shorter. Specifically, you may not file a petition for an order of nondisclosure until the second anniversary after your dismissal and discharge. · For any other misdemeanor, there is no waiting period; you may file a petition seeking an order of nondisclosure once the Court issues an order of dismissal and discharge. Sixth, you must not have been convicted of (or placed on deferred adjudication for) any criminal offenses during a special time period. A fine-only offense under the Texas Transportation Code does not count as a criminal offense for purposes of this requirement. In other words, a traffic ticket does not count as a conviction. The special time period begins on the date you were placed on deferred adjudication. The special time period ends on the date of your order of dismissal and discharge plus any applicable waiting period as described above. If you meet all six of the foregoing requirements, you are entitled to file a petition for order of nondisclosure.
Order_of_%20Nondisclosure_Overview.docx