FAQ
Are deferred adjudication records public?
 
Yes. There is a misconception that deferred adjudication records are
removed from criminal history upon successful completion of the
probation (community supervision) period and provide for automatic
expunction of deferred adjudication records. The records ARE NOT
automatically sealed or cleared.

Can deferred adjudication records be made non-public by request?

Yes, in some instances. There are two ways deferred adjudication
community supervision records can be made non-public:
1.     Class C deferred adjudications - by filing an expunction under
Article 45.051(e), Code of Criminal Procedure (if the Class C deferred
adjudication was imposed injustice court or municipal court); or by
filing an expunction under Article 55.01(a)(2), Code of Criminal
Procedure (if the Class C deferred adjudication was imposed in
county or district court). Expunction is not available for deferred
adjudication sentences of Class A, B, or felony offenses.
2.     Petition for nondisclosure - under Section 411.081 (d).
Government Code, a court can prohibit criminal justice agencies from
disclosing to the public criminal history record information related to
certain offenses for which the offender was placed on deferred
adjudication. There are many offenses, however, for which this
procedure is unavailable. A defendant may be disqualified if he
commits an offense before deferred adjudication has been completed
and before filing the petition.

Who is ineligible to seek an order of nondisclosure?

Under Section 411.081 (e)(l)-(4), Government Code, anyone who has
ever committed any of the following offenses (including as the offense
for which the defendant got deferred adjudication) is not entitled to
seek an order of nondisclosure.
  • Indecency with a child
  • Sexual assault
  • Aggravated sexual assault
  • Prohibited sexual conduct (incest)
  • Aggravated kidnapping
  • Burglary of a habitation with intent to commit any of the above
    offenses
  • Compelling prostitution
  • Sexual performance with a child
  • Possession or promotion of child pornography
  • Unlawful restraint, kidnapping, or aggravated kidnapping of a
    person younger than 17 years
  • Capital murder
  • Murder
  • Injury to a child, elderly individual, or disabled individual
  • Abandoning or endangering a child
  • Violation of protective order or magistrate's order
  • Stalking
  • Any other offense involving family violence

Which defendants are disqualified from seeking an order of
nondisclosure?

Any defendant who, after the date of discharge and dismissal, has
been convicted or placed on deferred adjudication for any offense
other than a traffic offense punishable by fine only. See Section
411.081 (e), Government Code.

What are the waiting periods before an otherwise eligible
defendant can seek an order of nondisclosure?

Under Section 411.081(d). the defendant has to wait a certain period
of time after the date of discharge and dismissal before filing a
petition for an order of nondisclosure. The operative date is not the
date that the defendant entered his plea - it is the date that the
deferred adjudication was concluded.

All felonies - You must wait 5 years from date of discharge and
dismissal.

The following misdemeanors - you must wait 2 years:
All other misdemeanors- may file immediately upon discharge and
dismissal.
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
Dog fighting
False alarm or report
Harassment
Harboring runaway child
Hoax bombs
Indecent exposure
Violation of protective order
 Interference with emergency
telephone call
Leaving a child in a vehicle
Making firearms 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 possession of firearm
Unlawful carrying weapons
Unlawful restraint
Unlawful transfer of certain
weapons
What information do I need for the petition in order to be prepared?

  • The original cause number of the deferred adjudication.
  • The date of the original plea of guilty or no contest
  • The offense for which the defendant was placed on deferred   
    adjudication
  • The date upon which the court dismissed the proceedings and
    discharged the deferred adjudication community supervision.
  • The court number the in which the deferred adjudication was   
    imposed.

This information is generally available from the District Clerk's office.
In some counties the information may be available from the County
Clerk's office.

When will the petition be heard?

The petition will usually be docketed for a hearing in the original court
fourteen days after the date of filing. Do not miss the hearing date, or
the petition may be dismissed for want of prosecution.

What needs to be proven at the hearing?

A defendant needs to be prepared to provide evidence of the following
elements:

  • The defendant entered a plea of no contest or guilty to the
    offense.
  • The Court placed the defendant on deferred adjudication
    community supervision.
  • The Court dismissed the proceedings in this case and
    discharged the defendant form deferred adjudication
    community supervision.
  • The defendant is not disqualified from filing a petition under
    Section 411.081(3).
  • The petition was timely filed under Section 411.081(d).
  • Issuance of the order is in the best interest of justice.

The Court will either sign an order granting the petition or denying the
petition .

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