Criminal Record Non-Disclosure Attorney
Plano, Frisco, Allen, McKinney, Addison and Dallas Criminal Record Non-Disclosure Lawyer
Deferred adjudication probation is a type of probation that results in the charges being dismissed once the probation period ends. Although the charges have been dismissed, an individual’s criminal history will still reflect that the person pled guilty to the criminal offense and was placed on probation. In order to seal the record and prevent the general public from knowing this information, a petition of nondisclosure must be filed with the court.
A non-disclosure does not erase one’s criminal records completely. However, it does make it unavailable to the general public. The only persons who will be able to access the criminal background are law enforcement personnel, and they cannot disseminate it to the public. It can only be used for law enforcement purposes.
An individual is eligible to have their criminal record sealed if they:
- Successfully completed a deferred probation AND
- Waited the appropriate length of time following the court’s dismissal
The waiting period for felonies is five years from the date of dismissal. For most misdemeanors, the waiting period is two years.
You are ineligible for non-disclosure if you have previously been convicted of or placed on probation 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
- Compelling prostitution
- Sexual performance by a child
- Possession or production of child pornography
- 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
- Murder
- Injury to a child, elderly individual or disabled individual
- Abandoning or endangering a child
- Violation of protective order or magistrate's order
- Stalking
- Any other offense involving family violence
To file for a non-disclosure and have your record sealed, contact The Law Office of Brock Duke.
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