Are you seeking an order of nondisclosure in the Fort Worth / Tarrant County area?

Under Section 411.081(e) (1)-(4), Government Code, anyone who has ever committed any of the following offenses (including as the offense for which the defendant got deferred adjudication) is not entitled to seek an order of nondisclosure.

• 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

Which defendants are disqualified from seeking an order of nondisclosure?

Any defendant who, after the date of discharge and dismissal, has been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only. See Section 411.081(e), Government Code.

When is an otherwise eligible defendant allowed to seek an order of nondisclosure?

Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure. The operative date is not the date that the defendant entered his plea; it is the date that the deferred adjudication was concluded.

• All felonies -- 5 years from date of discharge and dismissal.
• The following misdemeanors -- 2 years from date of discharge and dismissal.
• Interference with emergency telephone call
• Leaving a child in a vehicle
• Making a firearm accessible to a child
• Obstructing highway or other passageway
• Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
• Public lewdness
• Riot
• Silent or abusive calls to 9-1-1 service
• Terroristic threat
• Unlawful carrying of handgun by license holder
• Unlawful carrying weapons
• Unlawful possession of firearms
• Unlawful restraint
• Unlawful transfer of certain weapons
• Violation of protective order preventing offense caused by bias or prejudice
• Abuse of corpse
• Advertising for placement of child
• Aiding suicide
• Assault
• Bigamy
• Cruelty to animals
• Deadly conduct
• Destruction of flag
• Discharge of firearm
• Disorderly conduct
• Disrupting meeting or procession
• Dog fighting
• False alarm or report
• Harassment
• Harboring runaway child
• Hoax bombs
• Indecent exposure
• All other misdemeanors -- May file immediately upon discharge and dismissal.

What needs to be proven at the hearing?

A defendant needs to be prepared to provide evidence of the following elements

• The defendant entered a plea of no contest or guilty to the offense.
• The Court placed the defendant on deferred adjudication community supervision.
• The Court dismissed the proceedings in this case and discharged the defendant from deferred adjudication community supervision.
• The defendant is not disqualified from filing a petition under Section 411.081(e).
• The petition was timely filed under Section 411.081(d).
• Issuance of the order is in the best interest of justice.

What is the effect of the order of nondisclosure?

The court's order will be sent to the Department of Public Safety. The Department of Public Safety will then send the order to all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order. Those entities are obliged not to disclose the deferred adjudication record information to anyone other than:

• Other criminal justice agencies.
• For criminal justice or regulatory licensing purposes.
• An agency or entity listed in Section 411.081(i).
• The defendant is not disqualified from filing a petition under Section 411.081(e).
• The person who is the subject of the order.



IF YOU ARE SEEKING AN ORDER OF NONDISCLOSURE, CONTACT THE FORT WORTH LAW FIRM OF BAKER AND DAMERON.