THIS Q&A WILL HELP YOU DETERMINE WHETHER YOU CAN GET AN ORDER OF NON-DISCLOSURE
- Print this page
- Read the explanation at this link about the differences between a deferred adjudication
and a regular probation
- Get all the paperwork from your case together
- Write your answers next to the questions
Did you receive a deferred adjudication?
If the answer is “no,” then you cannot get an order of non-disclosure.
If the answer is yes, go to the next question.
If the answer is "I'm not sure whether I received a deferred adjudication or not," then go get more of the papers from your case. Something will tell you whether you had a deferred adjudication or a regular probation. If you still can’t sort it out, go to the District Clerk's office (if your case was a felony) or the County Clerk's office (if your case was a misdemeanor) and get a copy of the court's judgment placing you on probation. The first page of the court's judgment placing you on probation will tell you whether you were put on a regular probation or a deferred adjudication.
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 cannot get an order of non-disclosure.
Were you ever revoked?
If your answer is “yes,” then you cannot get an order of non-disclosure.
Were you on a deferred adjudication for a misdemeanor or a felony?
If your answer is “for a misdemeanor,” then answer the next question. If your answer is “for a felony,” then look below for the heading “Felony Questions.”
What misdemeanor offense were you placed on deferred adjudication for?
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 TWO YEARS
- Abuse of a corpse
- Advertising for placement of a child
- Aiding suicide
- Attack on an assistance animal
- Cruelty to animals
- Deadly conduct
- Discharge of firearm
- Disorderly conduct
- Disrupting a meeting or procession
- Dog fighting
- Enticing a child
- False alarm
- False report
- 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
- 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 the offense for which you were placed on deferred adjudication is on List 2, then your lawyer can file a petition for an order of non-disclosure immediately after the statute of limitations has passed. 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.
- 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
- 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
- Fraudulent filing of financing statement
- Fraudulent instructions, removal, or concealment of writing
- Gift to public servant by persons subject to his jurisdiction
- 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 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
How many years has it been since your deferred adjudication ended?
If your answer is anything less than five, then you cannot get an order of nondisclosure yet. If your answer is five years and one day or more, then look at List 3 and see if your offense is listed on there. If it is, you cannot get an order of non-disclosure. If you are required to register as a sex offender, you probably cannot get an order of non-disclosure.
- 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
- Sexual assault
- 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 for an order of non-disclosure, 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.
Austin criminal attorney Bill Mange practices in Travis, Williamson and Hays Counties.