Frequently Asked Questions: Can You Get an Order of Non-Disclosure?
Do these things to figure out if you can get an order of non-disclosure:
- Print this page.
- Read the explanation in the FAQs about the differences between a deferred adjudication and a regular probation.
- Get all the paperwork from your case together.
- Write down your answers next to the questions.
Question: did you receive a deferred adjudication?
If your answer is “no,” then clarify that there are two types of probation. One is called “deferred adjudication,” the other is just called “probation” or “regular probation.” If you aren’t sure that you received “probation” or “regular probation,” then you need to get more of the papers from your case. Somewhere, something will tell you whether you had a deferred adjudication or a regular probation. If you still can’t sort it out, call my office and make an appointment.
If your answer is “yes, I was on a deferred adjudication,” or “I don’t know,” then continue.
Question: after your deferred adjudication ended, have you been charged with anything more than a traffic ticket?
If your answer is anything other than “no,” then you can’t get an order of non-disclosure.
Question: were you ever revoked?
If your answer is “yes,” then you can’t get an order of non-disclosure.
Question: were you on a deferred adjudication for a misdemeanor or a felony?
If your answer is “for a misdemeanor,” then answer the question below.
If your answer is “for a felony,” then look below for the heading “Felony Questions.”
Question: what misdemeanor offenses were you placed on deferred adjudication for?
Now look at List 1. If your answer is on List 1, then answer this question: how many years has it been since you successfully completed your deferred adjudication probation?
If your answer is anything less than “two years,” then you are not yet eligible for an order of nondisclosure.
List 1 – MUST HAVE 2 YEARS
Abuse of a corpse
Advertising for placement of a child
Aiding suicide
ASSAULT
Attack on an assistance animal
Cruelty to animals
Deadly conduct
Discharge of firearm
Disorderly conduct
Disrupting a meeting or procession
Dogfighting
Enticing a child
False alarm
False report
Harassment
Harboring a runaway child
Hoax bombs
Indecent exposure
Interference with an emergency telephone call
Leaving a child in a vehicle
Making a firearm accessible to a child
Obstructing a highway or passageway
Possession of prohibited weapons
Public lewdness
Riot
Silent or abusive calls to 911
Terroristic threat
Unlawful possession of body armor
Unlawful possession of firearm
Unlawful restraint
Unlawful transfer of certain weapons
Unlawfully carrying a handgun by a license holder
Unlawfully carrying a weapon
Use of laser pointer
Violation of a protective order
If your answer is on List 2, your lawyer can file a petition for an order of non-disclosure immediately. You need to get a copy of your criminal history from DPS so it can be filed along with the petition for the order of non-disclosure.
List 2
Acceptance of honorarium
Bail jumping or failure to appear
Breach of computer security
Burglary of a coin collection machine
Burglary of a coin operated machine
BURGLARY OF VEHICLE
Coercion of public servant or voter
Credit card transaction record laundering
Criminal mischief
Criminal simulation
CRIMINAL TRESPASS
Deceptive business practices
Deceptive preparation and marketing of academic product
Escape
Evading arrest
FAILURE TO IDENTIFY
False identification as peace officer; misrepresentation of property
False report regarding missing child or missing person
False report to peace officer or law-enforcement employee
False statement to obtain credit or property
Forgery
Fraudulent filing of financing statement
Fraudulent instructions, removal, or concealment of writing
Gift to public servant by persons subject to his jurisdiction
Graffiti
Hindering apprehension or prosecution
Hindering secured creditors
Illegal recruitment of an athlete
Improper influence
Insurance fraud
Interference with railroad property
Issuance of bad check
Manufacture or distribution of multichannel video or information services device
Misapplication of fiduciary property or property of financial institution
Offering gift to public servant
Perjury (not aggravated)
Permitting escape
Possession, manufacture or distribution of instrument used to commit retail theft
Publication of telecommunications access device
Reckless damage or destruction
Record of a Fraudulent Court
Refusal to execute release of fraudulent lien or claim
Resisting arrest, search, or transportation
Rigging publicly exhibited contest
Sale or lease of multichannel video or information services device
Securing execution of document by deception
Simulating legal process
Stealing or receiving stolen check or similar site order
Tampering with governmental record
Tampering with identification numbers
Tampering with or fabricating physical evidence
THEFT
THEFT OF SERVICE
Theft of telecommunications service
Theft or tampering with multichannel video or information services
Trademark counterfeiting
Trespass by holder of license to carry concealed handgun
Unauthorized use of telecommunications service
Felony Questions
Question: how many years has it been since your deferred adjudication ended?
If your answer is anything less than “5,” then you can’t get an order of nondisclosure yet.
If your answer is “5 years and one day” or more, then look at List 3 and see if your offense is listed on there. If it is, you can’t get an order of non-disclosure. If you are required to register as a sex offender, you probably can’t get an order of non-disclosure.
List 3
Aggravated sexual assault
Any offense for family violence
Child endangerment
Indecency with a Child by Contact
Indecency with a Child by Exposure
Injury to a child
Murder
Sexual assault
Stalking
Violation of a protective order
If your answer is NOT on List 3, then you are eligible for an order of non-disclosure.
If you are eligible, call an attorney who practices in the county where your case was handled. Lawyers who don’t practice in that county won’t know the local practices on some of the finer, but still important, points.
I practice in Travis and Williamson Counties.