When you are charged with a crime, may be eligible to be placed on deferred adjudication in some cases. Typically, for a certain time period, you must follow various terms and conditions of community supervision or probation as set by the court; if you successfully complete the deferred adjudication requirements, the court will dismiss the criminal case and you will not have a conviction on their record. However, since a deferred adjudication is a public record, the record of their arrest, criminal charges, guilty plea, community supervision, and dismissal all will still appear on a criminal background check.
If you successfully complete deferred adjudication for some criminal offenses, you can file a petition for nondisclosure pursuant to Tex. Gov. Code § 411.0725(d), seeking a court order that prohibits criminal justice agencies from disclosing any information about your deferred adjudication.
However, there are significant restrictions on your ability to seek an order of disclosure in many cases. For instance, if you are placed on deferred adjudication for certain criminal offenses, you are not eligible for an order of nondisclosure. Some of these offenses include murder, any crime for which you must register as a sex offender, trafficking of persons, offenses that cause injuries to children, the elderly, or the disabled, stalking, and offenses involving family violence.
Furthermore, there are waiting periods before you can qualify for an order of nondisclosure for some offenses. If you are convicted of or placed on deferred adjudication for another crime during that waiting period, you will not be eligible for an order of nondisclosure for the original offense. For example, there is a five-year waiting period for all felonies resolved through deferred adjudication (other than those that are ineligible for nondisclosure). For certain more serious misdemeanors, including assault, disorderly conduct, and discharge of a firearm, there is a two-year waiting period. For all other misdemeanors, you can petition for an order of nondisclosure immediately after completing deferred adjudication.
When you are charged with any type of criminal offense in the state of Texas, you need an experienced criminal defense attorney to represent your interests from the very beginning of your case. We are here to evaluate the facts surrounding your case, present your options, and provide you with the strongest defense possible. Contact Peek & Toland at (512) 474-4445 today and set up an appointment to speak with our legal team.