Non-Disclosure in Austin

Are you struggling to get on with your life after successfully completing deferred adjudication? Upon completion of your deferred adjudication the charges brought against you should have been dismissed. However, the records of the case do not become automatically sealed.  If you have fulfilled all of your legal requirements and want to seal your criminal record, an attorney with experience can help you through the process for a Petition of Non-Disclosure in Austin.

A Non-Disclosure in Austin does not clear your criminal record, but it can make your criminal record unavailable to the general public.

Non-Disclosure in Austin AFTER September, 2015

The Texas legislature drastically changed the Non-Disclosure laws in 2015.  Now, there are many more situations where you may be eligible for a Non-Disclosure in Austin that was not previously available.  The outcome of the case will determine whether you can request the court to seal record.  The following dispositions may qualify your case and criminal records for a Non-Disclosure in Austin:

  • Successfully completed deferred adjudication
  • Misdemeanor conviction but placed on probation
  • Misdemeanor conviction and served jail time

There may be waiting periods after the case was dismissed before you can apply for a Non-Disclosure in Austin, such as the following:

  • Felony = five years
  • Certain misdemeanors (including list below) = two years
  • Assault
  • Weapons related cases
  • Deadly or disorderly conduct
  • Terroristic threat
  • Harassment
  • Public lewdness
  • Indecent exposure
  • Other misdemeanors (including list below) = no waiting period
  • Possession of marijuana or controlled substance
  • Theft
  • Criminal trespass
  • Prostitution

In order to remain eligible for a Non-Disclosure in Austin you must not have been convicted of or placed on deferred adjudication for any offense (other than a traffic violation) during the waiting periods.  Additionally, you will not meet the legal requirements if you were ever convicted or placed on deferred adjudication for any of the following:

  • Offense requiring registration as a sex offender
  • Indecency with a child
  • Sexual assault
  • Aggravated sexual assault
  • Prohibited sexual conduct (incest)
  • Aggravated kidnapping
  • Trafficking of persons
  • Burglary of a habitation with the intent to commit any of the above offenses
  • Possession of production of child pornography
  • Stalking
  • Unlawful restraint, kidnapping, or aggravated kidnapping of anyone under the age of 17
  • Capital murder
  • Injury to a child, elderly individual, or disabled individual
  • Abandoning or endangering a child
  • Stalking
  • Murder
  • Violation of protective order or magistrate’s order
  • Any offense involving family violence

A lawyer experienced in handling Non-Disclosure in Austin cases will know whether you meet the legal requirements and the best way to present your case to the judge.  If you need help getting past the remaining legal hurdles that are preventing you from moving on with your life, we are here to help. Contact Erskine Law through our contact form or by calling 512-294-1924 for information on how we can help you with felony or misdemeanor Non-Disclosure in Austin.

Nondisclosure in Austin BEFORE September, 2015

To be eligible for Non-Disclosure in Austin on a case that happened before September 1, 2015, you must meet the following requirements:

  • Pled guilty or no contest to a Class A or B misdemeanor or felony
  • Placed under supervision of court
  • Completed deferred adjudication community supervision
  • Waited the required amount of time since your criminal case was dismissed
  • Felony = five years
  • Certain misdemeanors (including list below) = two years
  • Public lewdness
  • Indecent exposure
  • Assault
  • Deadly or disorderly conduct
  • Terroristic threat
  • Harassment
  • Weapons related cases
  • Other misdemeanors (including list below) = no waiting period
  • Possession of marijuana or controlled substance
  • Theft
  • Criminal trespass
  • Prostitution
  • No convictions of or placed on community supervision for a new offense.

You would not be eligible for Non-Disclosure in Austin  if you were convicted of or placed on deferred adjudication for any of the following:

  • 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
  • Possession of production of child pornography
  • Stalking
  • Unlawful restraint, kidnapping, or aggravated kidnapping of anyone under the age of 17
  • Attempt, conspiracy, or solicitation to commit any of these listed offenses
  • Capital murder
  • Injury to a child, elderly individual, or disabled individual
  • Abandoning or endangering a child
  • Compelling prostitution
  • Sexual performance by a child
  • Murder
  • Violation of protective order or magistrate’s order
  • Any offense involving family violence

A judge does not have to grant a Non-Disclosure even if you meet the eligibility requirements.  The judge must also be convinced that granting the order is “in the best interests of justice.”  A lawyer experienced in handling Non-Disclosure in Austin will know the best way to present your case to the judge.  If you need help getting past the remaining legal hurdles that are preventing you from moving on with your life, we are here to help. Contact Erskine Law through our contact form or by calling 512-294-1924 for information on how we can help you with felony or misdemeanor Non-Disclosure in Austin.

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