Dallas Non-Disclosure Lawyer

Non-Disclosure Overview

When an individual is arrested and charged with a crime, they are often given the option of deferred adjudication. When an individual successfully completes their deferred adjudication assignment and probation, they are then eligible to petition for an order of non-disclosure. If an order of non-disclosure has been issued, people commonly refer to the record as being sealed.

To qualify for an order of non-disclosure, an individual must have received adjudication and successfully completed the probation period. This includes not getting a single speeding ticket. The benefit of an order of non-disclosure is that it prevents law enforcement agencies from making arrest and criminal records available to the public. This order also allows a person to deny the occurrence of the arrest and prosecution when asked. This does not hold true when being asked under oath but it is applicable in all other situations. This order also prevents a private group that sells background information to whoever requests it from gaining an individual’s records and then distributing them. An important point to note is that the records will stay available to the law enforcement community as well as select state agencies. These state agencies commonly handle the licenses for professions that require a license, like a locksmith. Also, the record can be used against an individual in a future criminal proceeding.

As with anything, there is a waiting period. For an individual to be eligible for an order of non-disclosure, they must wait the prescribed amount of time. All individuals charged with a felony must wait 5 years before they are eligible for an order of non-disclosure. The majority of individuals charged with a misdemeanor can file a petition of non-disclosure immediately after their deferred adjudication period ends; however, some misdemeanors, like the ones below, require a 2 year waiting period. They are:

  • Abuse of corpse
  • Advertising for placement of child
  • Aiding suicide
  • Assault
  • Bigamy
  • Cruelty to animals
  • Deadly conduct
  • Destruction of flag
  • Discharge of firearm
  • Disorderly conduct
  • Disrupting meeting or procession
  • Dog fighting
  • False alarm or report
  • Harassment
  • Harboring runaway child
  • Hoax bombs
  • Indecent exposure
  • Interference with emergency telephone call
  • Leaving a child in a vehicle
  • Making a firearm accessible to a child
  • Obstructing highway or other passageway
  • Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
  • Public lewdness
  • Riot
  • Silent or abusive calls to 9-1-1 service
  • Terroristic threat
  • Unlawful carrying of handgun by license holder
  • Unlawful carrying weapons
  • Unlawful possession of firearm
  • Unlawful restraint
  • Unlawful transfer of certain weapons
  • Violation of protective order preventing offense

If you or someone you know has received deferred adjudication for a crime, contact the Dallas non-disclosure lawyers of the Law Office of Mark Lassiter to have this removed from your record or sealed off from prying eyes.

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