Non Disclosure For Felony In Texas In Maricopa
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To obtain an order of nondisclosure under Section 411.0725, if you are eligible, you must file a petition. The form and instructions for obtaining an order under Section 411.0725 are available at this link. You must file the petition with the court that placed you on deferred adjudication.
In Texas, certain waiting periods are required before you can ask the court for a nondisclosure. For felonies, five years must elapse from the date of discharge before a petition for non-disclosure can be filed. For many misdemeanors, you can file immediately after completing deferred adjudication.
If the offense in question is a felony, you may not file a petition for an order of nondisclosure until the fifth anniversary after your dismissal and discharge. If the offense is a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46 of the Texas Penal Code, your wait is shorter.
Texas Law. State law prohibiting consumer reporting agencies from reporting "a record of arrest, indictment, or conviction of a crime" that is more than seven years old. There are exceptions to this general prohibition, including situations where a potential employee's salary will be more than $75,000 a year.
Applying and Obtaining an Expunction The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.
There is a common myth that criminal charges are automatically removed after 7 years, however, this is simply not true.
Steps for Those Seeking Post-Conviction Relief Dropping or removing a felony conviction in Texas can be challenging, but defendants have legal options. However, people should know their eligibility, file a petition, gather proof that they have been rehabilitated, and prepare to wait throughout the process.
For other misdemeanor and felony convictions, this period is 2-5 years after the sentence completion date. After this waiting period, obtaining a nondisclosure order in Texas usually takes between four and nine months.
Being charged with a felony is scary. You are likely worried about your future and you may be imagining the worst. Fortunately, being charged with a felony does not necessarily mean you will be convicted. In fact, your charges may be dismissed or dropped before your trial even begins.