What is a Petition for nondisclosure?

A Petition for Nondisclosure is a relatively new option for persons who successfully complete deferred adjudication probation, created by the Texas Legislature in 2003 and effective on September 1, 2003. A Petition for Nondisclosure now allows individuals who were found guilty of certain offenses, mainly class B misdemeanors, class A misdemeanors, and some felonies, to prevent the disclosure of your criminal records to the general public (although licensing agencies and most governmental agencies will still have access to the information). If the judge signs the Order of Nondisclosure the Texas DPS and other public agencies will be prohibited from disclosing this information. Read Below for more information on Petition for Nondisclosure.

Are deferred adjudication records public?

Yes. Although there is a common misconception that deferred adjudication records are removed from a defendant's criminal history upon successful conclusion of the community supervision (probation) period, the law does not provide for automatic expunction of deferred adjudication records.

Can deferred adjudication records be made non-public by request?

Yes, in some instances. There are two ways that deferred adjudication community supervision records can be made non-public:

  • Class C deferred adjudications -- By filing an expunction under Article 45.051(e), Code of Criminal Procedure (if the Class C deferred adjudication was imposed in justice court or municipal court); or by filing an expunction under Article 55.01(a)(2), Code of Criminal Procedure (if the Class C deferred adjudication was imposed in county or district court). Expunction is not available for deferred adjudication sentences for Class B, Class A, or felony offenses.
  • Petition for nondisclosure - Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. There are many offenses, however, for which this procedure is unavailable. Moreover, a defendant may be disqualified if he commits an offense after the deferred adjudication has been completed and before filing the petition.