What is a petition for non disclosure?

Beginning in 2003, certain deferred adjudication records can now be ordered to be made non-public. This is big news! Although not as powerful as an expunction, a Petition for Nondisclosure can serve many of the same functions as an expunction. For instance, potential and current employers, apartment property managers and other nosy info-seekers will not be able to find out about your prior deferred adjudication if the court has ordered that it be nondisclosed. Unlike expunction, however, law enforcement will still have access to your priors. Your fingerprints and police records on your case will remain on file.

There are limitations to this privilege, however. The court doesn't have togrant a Petition for Nondisclosure if it is not properly presented. Also, there is a laundry list of crimes that are not eligible for nondisclosure. (We have included the Nondisclosure law in the website legal links section.) There is also a required waiting period for some crimes before the court can consider the petition; ten years for felonies and five years for misdemeanors. Finally, only completed deferred adjudications are eligible.

Contact a Houston Criminal Defense Attorney from our firm as soon as possible if you have been arrested or are under investigation.

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