These answers are meant to
provide general information regarding common
questions asked to criminal defense lawyers.
Nevertheless, every case must be analyzed
individually. This information is not a substitute
for consulting with an experienced criminal
defense lawyer about your case. This information
is also not meant to give legal advice, but
is meant solely for general informational
purposes.
What is an order of nondisclosure?
Am I eligible for an order of nondisclosure?
When can I seek an order of nondisclosure?
What are the effects of an order of nondisclosure?
I am eligible for an order of nondisclosure, how do I get one?
What is an order of nondisclosure?
An order of nondisclosure is available to people who received a sentence of deferred adjudication for either a felony or a misdemeanor. This is not the same procedure as expungement and the effects are not as great, but, through an order of nondisclosure, the public will be barred from viewing the records pertaining to the offense that resulted in deferred adjudication. However, it should be kept in mind that law enforcement agencies will be able to retrieve this information.
(Back to top)
Am I eligible for an order of nondisclosure?
Let's answer this question in the negative - those people that are not eligible for an order of nondisclosure.
- If you have ever been convicted of any of these offenses, then you are not eligible for nondisclosure.
- Indecency with a child
- Sexual Assault
- Aggravated Sexual Assault
- Prohibited Sexual Conduct (incest)
- Aggravated Kidnapping
- Burglary of a habitation with the intent to commit any of the above offenses
- Compelling prostitution
- Sexual performance by a child
- Possession or promotion of child pornography
- Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
- Attempt, conspiracy, or solicitation to commit any of the above offenses
- Capital murder
- Murder
- Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violation of a protective order or magistrate's order
- Stalking
- Any other offense involving family violence
- If, after the date of dismissal, you were convicted or placed on deferred adjudication for any offense other than a traffic violation, then you are not eligible.
If either "a" nor "b" apply, then you are eligible for an order for nondisclosure.
(Back to top)
When can I seek an order of nondisclosure?
Assuming you have not been disqualified for an order of nondisclosure based on the nature of your conviction, there may still be a substantial waiting period in which you can petition for the nondisclosure.
- If your offense was a felony, then you must wait 5 years from the date you completed the deferred adjudication or the case was dismissed.
- If your offense was a misdemeanor listed below, then you must wait 2 years from the date of you completed the deferred adjudication or the case was dismissed.
- Unlawful restraint
- Public lewdness
- Indecent exposure
- Assault
- Deadly conduct
- Terroristic threat
- Aiding suicide
- Leaving a child in a vehicle
- Bigamy
- Harboring a runaway child
- Violation of a protective order preventing offense caused by bias or prejudice
- Advertising for placement of a child
- Disorderly conduct
- Riot
- Obstructing highway or other passageway
- Disrupting a meeting or procession
- False alarm or report
- Silent or abusive calls to 911
- Interference with an emergency telephone call
- Harassment
- Abuse of corpse
- Dog fighting
- Cruelty to animals
- Destruction of flag
- Discharge of firearm
- Unlawful carrying weapons
- Unlawful carrying of a handgun by license holder
- Unlawful possession of a firearm
- Possession, manufacture, transport, repair, or sale of switchblade knife or knuckles
- Unlawful transfer of certain weapons
- Hoax bombs
- Making a firearm accessible to a child
- If your offense was any other misdemeanor not listed above, then you may file immediately upon completion of deferred adjudication or dismissal of the case.
(Back to top)
What are the effects of an order of nondisclosure?
An order of nondisclosure requires all law enforcement agencies not to reveal the deferred adjudication record information to anyone other than law enforcement agencies. In other words, the public may not view the records pertaining to the offense in which you received deferred adjudication. However, law enforcement agencies will still be able to access this information.
(Back to top)
I am eligible for an order of nondisclosure, how do I get one?
You must petition for an order of nondisclosure. You may either does this one your own, or you may call Broden & Mickelsen and ask to speak with Adrienne Dunn.
(Back to top)
