The Texas Legislature changed the law with regard to Nondisclosures for offenses committed after September 1st, 2015. In order to get a nondisclosure under the new law, you must fall into one of five categories.
1. Nondisclosure for certain misdemeanors (often referred to as “automatic” nondisclosure) – This is a major change from the old law. Certain nondisclosures are no longer discretionary. As long as you do not have any priors and you are not charged with an offense contained in Texas Penal Code Chapters 20, 21, 22, 25, 42, 43, 46, & 71 you will qualify for a nondisclosure if you complete a deferred adjudication for the current offense and receive a discharge of dismissal once 180 days has elapsed from the date of the deferred adjudication.
2. Nondisclosure for all other misdemeanors – For all other offenses for which an individual receives a deferred adjudication probation and successfully completes and receives a discharge and dismissal an individual can qualify for a nondisclosure once the waiting period has elapsed. The waiting periods are 5 years for felonies, 2 years for misdemeanors for offenses in Texas Penal Code Chapters 20, 21, 22, 25, 42, 43, 46 & 71, and immediately for all other misdemeanors. You still have to show this is in the best interest of justice and is discretionary with the judge.
3. Nondisclosure for straight probation convictions – This is for misdemeanors and not felonies. Basically, excludes alcohol related offenses and engaging offenses. There is a waiting period of two years and is only for first-time offenders. One must still show this is in the best interest of justice and is discretionary with the judge.
4. Nondisclosure following jail time – This works exactly the same as nondisclosures for straight probations.
5. Nondisclosure for trafficking victims
Thoroughly confused?
If you or a loved one has been charged or convicted of an offense and curious about having that offense nondisclosed, it is important to consult an experienced Tarrant County defense attorney.
The team of attorneys at Tarrant County based Gebhardt and Eppes, PLLC are former state prosecutors. They possess the skill and experience to build the strongest defense on your behalf. Contact Gebhardt and Eppes, PLLC at (817) 502-3600 for a free initial consultation.
Gebhardt and Eppes, PLLC strongly defend individuals throughout the greater Fort Worth area, including Arlington, Weatherford, Cleburne, and many surrounding communities.
