In order to secure a nondisclosure order, you must file a petition for nondisclosure with the court that originally handled your case. The state of Texas uses different forms for individuals seeking nondisclosure orders for felonies and misdemeanors. Your Fort Bend County nondisclosure attorneycan guide you in drafting the appropriate paperwork.
Your petition must include certain information, including:
- The original court and cause number in which the deferred adjudication was imposed.
- The date of the original plea of guilty or no contest.
- The offense for which the defendant was placed on deferred adjudication.
- The date upon which the court dismissed the proceedings and discharged the defendant from deferred adjudication community supervision.
Once you submit your completed petition, the court will schedule a hearing, typically within 14 days of your original filing. At the hearing, your attorney will need to provide proof that you meet the requirements for granting a nondisclosure order. Your attorney may also be asked to specify how the issuance of the order is in the interest justice.
If the court finds you eligible for a nondisclosure order, your petition will be granted and a copy of the order forwarded to the Department of Public Safety. The DPS is then responsible for forwarding the order to all law enforcement agencies, jails, detention facilities, magistrates, prosecuting attorneys, correctional facilities and federal agencies that maintain criminal records.