Non-Disclosure & Criminal Record Sealing
Despite what you've heard, your record isn't automatically sealed when you complete deferred adjudication probation. (Deferred adjudication probation is a type of probation that allows you charges to be dismissed when you complete your probation satisfactorily.) To seal your records after your deferred adjudication probation, you need to file a petition for non-disclosure.
A non-disclosure doesn't wipe your record clean -- for that you need to file for expunction -- but it does make it unavailable to the general public.
You may have the opportunity to file for non-disclosure and move on with your life if you:
- Pled guilty or no contest to a Class A or B misdemeanor or felony
- Completed deferred adjudication probation
- Waited the appropriate length of time since your case was dismissed
The waiting period for felonies is five years from the date of dismissal. For most misdemeanors, the waiting period is two years.
You are ineligible for non-disclosure if you have previously been convicted of or placed on probation for any of the following:
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Prohibited sexual conduct (incest)
- Aggravated kidnapping
- Burglary of a habitation with the intent to commit any of the above offenses
- Compelling prostitution
- Sexual performance by a child
- Possession of production of child pornography
- Unlawful restraint, kidnapping, or aggravated kidnapping of anyone under the age of 17
- Attempt, conspiracy, or solicitation to commit any of these listed offenses
- Capital murder
- Injury to a child, elderly individual, or disabled individual
- Abandoning or endangering a child
- Violation of protective order or magistrate's order
- Any other offense involving family violence
To start the non-disclosure process, call attorney David Breston at 713-224-4040. David Breston also specializes in juvenile non-disclosure and criminal record sealing; for more information, please see our juveniles page.