Texas Non-Disclosure of Criminal Records Law

State:
Texas
Control #:
TX-10102
Format:
Word; 
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What this document covers

The Texas Non-Disclosure of Criminal Records Law form is a legal document used to request an order of non-disclosure for certain criminal history records in Texas. It allows individuals who have successfully completed deferred adjudication probation to seal their criminal records from public access. This form differs from expungement as it does not erase the record but makes it non-public, allowing individuals to deny the occurrence of the arrest and prosecution while still making the information available to law enforcement and certain agencies.

Key components of this form

  • Eligibility criteria for sealing records under non-disclosure.
  • Processes and procedures for filing the petition.
  • Waiting periods before one can apply for non-disclosure.
  • Specific offenses that disqualify a defendant from seeking non-disclosure.
  • Instructions on what to include in the petition.
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Common use cases

This form should be used when an individual has completed deferred adjudication probation for a qualifying offense and wishes to have their criminal records sealed from public view. It is particularly relevant for those looking to mitigate the impact of a criminal record on employment, housing applications, and other background checks.

Who needs this form

  • Individuals who have received deferred adjudication for a misdemeanor or felony offense.
  • Those who have successfully completed their probation period and have met other eligibility criteria.
  • People seeking to maintain privacy regarding their criminal history due to successful rehabilitation.

Steps to complete this form

  • Provide the original court name and cause number related to the deferred adjudication.
  • Enter the date of the original guilty or no contest plea.
  • Specify the offense for which the deferred adjudication was granted.
  • Include the date when the court dismissed the proceedings.
  • File the petition with the original court and prepare for a hearing typically scheduled fourteen days after filing.

Notarization requirements for this form

This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.

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Typical mistakes to avoid

  • Failing to file the petition in the correct court or under the original case number.
  • Missing the scheduled hearing date, which may lead to dismissal of the petition.
  • Not providing all required information in the petition, which may result in delays or rejections.

Why use this form online

  • Convenient access to legal forms from anywhere at any time.
  • Editable templates allow users to tailor the document to their specific case.
  • Reliability of forms drafted and reviewed by licensed attorneys.

Quick recap

  • This form enables eligible individuals to request that specific criminal records be sealed from public disclosure.
  • Completion of deferred adjudication probation is necessary to qualify for non-disclosure.
  • Filing must be done in the same court that handled the original case.

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FAQ

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

The felony charge was dropped or dismissed without action; You went to trial and were acquitted of the offense; You were convicted of the charge, but later found to be innocent by a court; or. You were pardoned of the offense.

If qualified, you can petition the court for expunction (often called expungement) as provided for in Section 55 of Texas Law on Criminal Procedure. You can do it yourself by completing and filing a petition before the court and wait for the pronouncement of the Judge.

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer.If you have successfully completed deferred adjudication for a misdemeanor or felony, you may be eligible for a Texas expungement or Order for Nondisclosure.

In Texas, filing an expunction petition is a process that legally removes an offense off an individual's criminal history file. An expunction will force state agencies and private companies to remove references to your arrest in their electronic files and to destroy any hard files related to your arrest.

How do I obtain an Order of Nondisclosure? In order to obtain an order of nondisclosure, you must first file a petition for an order of nondisclosure with the proper court. The petition is to be filed with the clerk of the court that handled the offense for which you were placed on deferred adjudication.

You must have been arrested, you must not have been convicted or served probation, and the charge that you want to be expunged must have been a misdemeanor or a felony. If you meet these three requirements, expunction is an option you should absolutely consider before proceeding with your criminal case.

If qualified, you can petition the court for expunction (often called expungement) as provided for in Section 55 of Texas Law on Criminal Procedure. You can do it yourself by completing and filing a petition before the court and wait for the pronouncement of the Judge.

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Texas Non-Disclosure of Criminal Records Law