Helping Clients with Orders of Non-Disclosure

In certain situations, criminal defendants could be eligible to receive and agree to a deferred adjudication agreement. What this means is that if the defendant follows the conditions of the agreement, which usually involves no additional criminal trouble and some form of probation, then that defendant could bring a motion for an order of non-disclosure, which essentially removes the record of the arrest and conviction from the public record.

However, this is a complicated matter in general, and you’ll need the help of an experienced criminal defense lawyer in order to properly handle this issue. Contact the Law Office of Frank A. Perez, P.C. today to schedule an initial consultation.

Waiting Period

After the agreement has been completed, the defendant must wait for a period of time before moving for an order of non-disclosure. In Texas, that waiting period is five years for all felonies. For many misdemeanors, that time period is two years, and that duration begins to run on the date the deferred adjudication agreement is completed and not the date on which it’s entered.

Ineligible Crimes

Some crimes are deemed ineligible for an order of non-disclosure according to Texas law, and they are as follows:

• Indecency with a child
• Sexual assault
• Aggravated sexual assault
• Prohibited sexual conduct (incest)
• Aggravated kidnapping
• Burglary of a habitation with 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 protective order or magistrate's order
• Stalking
• Any other offense involving family violence

Your Next Step

If you’d like to have your arrest and related criminal history removed from the public record, you need a criminal defense attorney to help. Contact the Law Office of Frank A. Perez, P.C. today to schedule an initial consultation.