If you have been placed on deferred adjudication community supervision under CCP art. 42.12 § 5 for a felony or a misdemeanor, you may have your records sealed by petitioning the court for non-disclosure of your criminal records pursuant (Government Codes 411.081(d)-(h)). Once sealed, you will be able honestly say you do not have a criminal conviction. The state will only be allowed to disclose information about the case to other criminal justice agencies for criminal justice or regulatory licensing purposes or any agency or entity listed in Section 411.081(i). If you were convicted, you may still be eligible to have your conviction set aside.
You may qualify for non-disclosure if you satisfy the following requirements:
You entered a plea of guilty or no contest; and
The judge deferred further proceedings against you and placed you on community supervision (probation) without a finding of guilt; and
You have been successfully discharged from community supervision; and
The case against you has been dismissed; and
You meet waiting period after completing your sentence :
No waiting period for most misdemeanors
5-year waiting period for misdemeanors under Chapters 20 (kidnapping, unlawful restraint), 21(sexual offenses), 22 (assualtive offenses), 25 (offenses against the family), 42 (disorderly related offenses), and 46 (weapons offenses) of the Penal Code
5-year waiting period for all felonies.
The following offenses are not eligible:
1. Aggravated kidnappers
2. anyone required to register as a sex offender
3. murderers
4. capital murderes
5. those who injure children, elderly, or disabled individuals
6. those who abandon or endanger children
7. stalkers
8. persons who commit family violence .
The court's order will be sent to the Department of Public Safety. The Department of Public Safety will then send the order to all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order. Those entities are obliged not to disclose the deferred adjudication record information to anyone other than:
* Other criminal justice agencies
* For criminal justice or regulatory licensing purposes
* An agency or entity listed in Section 411.081(i)
* The person who is the subject of the order
BENEFITS OF EXPUNGEMENT
Tell employers that you have not been convicted of a crime
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Tell friends and family that you have not been convicted of a crime
To stop fearing or being embarrassed when someone does a background check on you.
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You can legally deny the existence of the arrest and prosecution.
Tell employers that you have not been convicted of a crime
Become eligible for student loans
Become eligible for housing assistance
Become eligible for more types of professional licenses and certificates
Tell friends and family that you have not been convicted of a crime
To stop fearing or being embarrassed when someone does a background check on you.
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