Texas Model Petition for Nondisclosure

State:
Texas
Control #:
TX-M-PT-1
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PDF
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Description

Model Petition for Nondisclosure

The Texas Model Petition for Nondisclosure is a legal document that allows individuals to petition the court to have certain criminal records sealed from public view. This document is commonly used by individuals who have been convicted of misdemeanors or other low-level offenses and who have successfully completed probation or deferred adjudication. The Texas Model Petition for Nondisclosure can be used to seal records from public view, preventing potential employers and landlords from seeing them. The Texas Model Petition for Nondisclosure is available in two types. The first type is the Standard Petition for Nondisclosure, which is applicable to offenses that are eligible for nondisclosure according to the Texas Penal Code. The second type is the Exp unction Petition, which is applicable to offenses that are not eligible for nondisclosure according to the Texas Penal Code. Both types of petitions require individuals to provide proof of successful completion of probation or deferred adjudication, and to provide a sworn statement that they have not been convicted of a felony or that their record has not been sealed in the past five years. Once the petition is filed, the court will review the information provided and determine whether to grant or deny the petition. If granted, the individual’s criminal record will be sealed from public view, allowing them to move forward with their life without the stigma of their criminal past.

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FAQ

Typically, the entire process for an order of nondisclosure in Texas takes anywhere from four to nine months. The timeframe varies depending on how busy the specific county is at the time of filing, the facts of the case and whether the District Attorney objects.

What Are the Requirements to Qualify for Early Termination? Follow all terms and conditions listed in their deferred adjudication; Make all required court payments on a timely basis; Finish all court-ordered counseling, treatment or classes; and. Complete all necessary service hours.

Eligibility Requirements The offense must not have occurred while operating a vehicle while intoxicated or committing an organized crime offense. The offense cannot be sexual or violent in nature. For the purposes of this requirement, simple assault is not counted as a violent crime.

The petition is to be filed with the clerk of the court that handled the offense for which you were placed on deferred adjudication. You will have to pay a filing fee of approximately $280 ? however, the fee varies from county to county.

Texas Government Code Section 411.074 - Required Conditions for Receiving an Order of Nondisclosure.

The petition is to be filed with the clerk of the court that handled the offense for which you were placed on deferred adjudication. You will have to pay a filing fee of approximately $280 ? however, the fee varies from county to county. Please check with the clerk of the court to determine the exact filing fee.

The difference between clearing (expunction) and sealing (nondisclosure) your criminal record in Texas. Expunctions (sometimes called expungements) can permanently remove entries from an adult criminal history record. Nondisclosure is when the court "seals" certain offenses from public disclosure.

Texas law allows most people convicted of DWI to request that their Texas DWI criminal history record be sealed by a DWI nondisclosure. This can be done for people who were sentenced to probation or to jail time. The Texas DWI nondisclosure statute is contained in Chapter 411 of the Texas Government Code.

More info

The petition is filed pursuant to Texas Government Code, Section. 411.081. 1. The Underlying Order of Deferred Adjudication.You have waited the applicable waiting period before filing this petition, which is immediately, 2 years, or 5 years after the dismissal and discharge,. If you successfully completed deferred adjudication, the court that placed you on deferred adjudication should have issued an order of dismissal. If sex offender registration requirements apply to you, then you are not entitled to file a petition for an order of nondisclosure. Instructions for Completing the Model. Petition for Order of Nondisclosure. You are not eligible to receive an order of nondisclosure under Section. 411. Instructions for Completing the Model Petition for an Order of Nondisclosure under Section 411. 0727 to determine whether you qualify to file a petition.

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Texas Model Petition for Nondisclosure