Does an order for non disclosure work for Felony Deferred Adjudication?
Yes. Texas allows certain felony offenses to be subject to an order of non disclosure, so long as you have successfully completed your deferred adjudication, and it's been 5 years since you did so. If you violated your deferred adjudication, and received a final conviction, you will not be eligible.
If you think you might qualify, call me now 281.846.5605.
The texas statute on deferred adjudication can be found here: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.42.htm#42.12
... or check out my resources tab under the link "Order of Non -Disclosure"
Remember, you must meet the eligibility requirements to be able to file the petition. You can also expect the court filing fee to be a couple hundred dollars.
If you are eligible, the procedure involves a couple of preliminary steps, and one hearing. All in all, if your one of the lucky ones that qualify you'll be right on track to setting your life back up.
Your attorney first sees if you qualify. If you do, you'll file the petition in the court that has original jurisdiction over your case. The clerk then gives you a hearing date. At the hearing the judge will decide whether its in society's best interest to order your record not to be disclosed. You'll be able to present your side with testimony in support of your case.
If the judge grants the petition, and orders your records not to be disclosed, you'll get a copy of the order, and the court will command the texas agencies that have your record to not disclose them. The time it takes for the court to send the order out is usually a few weeks, so make sure and wait a bit before you go out and apply for that new job, or try to get a loan.
However, always keep in mind that although the order for non disclosure is an extremely powerful tool to keep your personal record safe from the public and employers, the Texas legislature has allowed certain governmental agencies and special entities to not be subject to the order. Thus, if your looking for some kind of job from the government, your time would be best spent looking somewhere else.
This is Part I of my Non-Disclosure Series. I hope this information was helpful. Thanks for reading, and keep the questions coming.
Call me if you think you qualify and want to discuss your legal options. 281.846.5605