Instructions for Model Petition for Order of Nondisclosure Under Section 411.0729 - Texas

This document was released by Texas Judicial Branch and contains the most recent official instructions for Model Petition for Order of Nondisclosure Under Section 411.0729 .

FAQ

Q: What is a Petition for Order of Nondisclosure?
A: A Petition for Order of Nondisclosure is a legal document filed in Texas to request the sealing of certain criminal records.

Q: Under what section can a Petition for Order of Nondisclosure be filed in Texas?
A: A Petition for Order of Nondisclosure can be filed under Section 411.0729 of the Texas Government Code.

Q: Who can file a Petition for Order of Nondisclosure?
A: The person who successfully completed deferred adjudication community supervision for a qualifying offense may file a Petition for Order of Nondisclosure.

Q: What is deferred adjudication community supervision?
A: Deferred adjudication community supervision is a form of probation where the court defers a final judgment of guilt, allowing the person to complete certain requirements.

Q: What are the eligibility requirements for filing a Petition for Order of Nondisclosure?
A: The eligibility requirements include a waiting period after successful completion of deferred adjudication, no subsequent convictions, and not being ineligible under specific offenses.

Q: How long is the waiting period before filing a Petition for Order of Nondisclosure?
A: The waiting period is typically 2 years for a felony offense and 1 year for a misdemeanor offense.

Q: What are the steps to file a Petition for Order of Nondisclosure?
A: The steps include preparation of the petition, gathering supporting documents, filing the petition with the appropriate court, and attending a hearing.

Q: What happens after a Petition for Order of Nondisclosure is granted?
A: If the petition is granted, the criminal records related to the qualifying offense will be sealed from public access, but may still be accessible by certain government agencies.

Q: What offenses are not eligible for a Petition for Order of Nondisclosure?
A: Offenses involving family violence, certain sex offenses, and offenses requiring registration as a sex offender are generally not eligible for a Petition for Order of Nondisclosure.

Q: Can a Petition for Order of Nondisclosure be denied?
A: Yes, a court may deny a Petition for Order of Nondisclosure if it determines that granting the petition would not be in the best interests of justice.