Often, people do not qualify for an expunction, but do actually qualify for a “nondisclosure”.   Nondisclosures are covered by the Texas Government Code section 411.081.  You can retain the Law Office of Doug Goyen to obtain a nondisclosure for you if you qualify for the nondisclosure. 

Qualifications for Nondisclosure:

In order to qualify for a nondisclosure, a person must  1) successfully discharge & obtain a dismissal of deferred adjudication under Art. 42.12, §5(c) of the Texas Code of Criminal Procedure, and 2) the court where petition is filed is the court that granted the deferred.     

Waiting Periods:

Nondisclosures have certain “waiting periods” before you can obtain a nondisclosure.  These are:

1)      Five years – for felonies

2)      Two years – for misdemeanors under Penal Code Chapters 20 (restraint and kidnapping misdemeanors), 21 (sexual offense misdemeanors), 22 (assault misdemeanors), 25 (offenses against family misdemeanors), 42 (disorderly conduct and related offenses misdemeanors), or 46 (weapons misdemeanors).   

3)      Immediately – for all other misdemeanors

Ineligibility – You are ineligible for a nondisclosure if you EVER have been convicted or placed on deferred (either current or past) for the following offenses:

1)      Indecency with a child

2)      Aggravated sexual assault

3)      Aggravated kidnapping

4)      Sexual assault

5)      Incest

6)      Burglary of a habitation with intent to commit any of the previous offenses

7)      Compelling prostitution

8)      Sexual performance – child

9)      Possess or promote child porn

10)  A 2^nd conviction of Indecent exposure

11)  Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17

12)  Attempt, conspiracy, or solicitation to commit ANY of the previous offenses

(All above offenses require registration as a sex offender).

13)  Capital murder or Murder

14)  Injury to a child or elderly

15)  Abandonment or Endangerment of a child

16)  Violation of a Protective Order

17)  Stalking

18)  Any offense involving Family Violence

DISQUALIFICATION:

            If you file for a nondisclosure, and while you are waiting for the nondisclosure to go through, you are convicted or placed on deferred for any offense other than a traffic offense punishable by only a fine, then you are disqualified for a nondisclosure.  See 411.081(e) of the Government Code.