Where To File
A petitioner must file his petition for nondisclosure in the court that placed him on deferred adjudication.
Notice To The State
The petitioner must provide notice to the State by serving a copy of the petition,. Unlike a petition for expunction, which the court clerk serves on the parties, the petitioner himself must serve a petition for nondisclosure on the State.
The State’s Response
While procedures will vary among offices, generally upon receipt of a petition for nondisclosure the State will: open a file, review the trial file and petitioner’s criminal history to very that the type or timing of this offense or any other offense does not disqualify the petitioner from eligibility to file the petition or render the nondisclosure not in the best interest of justice; review the case docket for the underlying case to verify that the petitioner obtained deferred adjudication, successfully completed his deferred, and obtained a discharge and dismissal of his case as well as to determine that the requisite time has passed since the discharge and dismissal; and draft and serve the State’s answer to the petition.
The Hearing
The court must hold a hearing on whether the petitioner is entitled to file the petition for nondisclosure and whether an order of nondisclosure is in the best interests of justice. The court errs in denying the petition on the ground that it is not in the best interest of justice if it does not address that specific issue in the hearing.
Best Interest of Justice
Before a court may issue an order of nondisclosure, it must hold a hearing on whether the petitioner is entitled to file a petition and whether issuance of the order is in the best interest of justice. The statute does not provide guidelines on when an order of nondisclosure would not be in the best interest of justice.
The following situations illustrate when nondisclosure may not best serve the public:
- Multiple Similar Offenses
- Old Driving While Intoxicated Cases
- Egregious Facts of the Offense
Contact
Rockwall County expunction lawyer Constantine G. Anagnostis has extensive experience helping individuals clear their records. An arrest for a criminal offense can have major consequences on one’s future. There are, however, certain options available to remove a criminal charge from your record. A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or a misdemeanor may be entitled to have all record and files relating to the arrest expunged. After an expunction order is granted, the petitioner may, for most purposes, deny ever being arrested or obtaining an expunction. A nondisclosure order prohibits disclosure of all criminal history record information. Rockwall County expunction lawyer Constantine G. Anagnostis can explain the options available for you, eligibility requirements, and the effect each has on your criminal record. For more information on clearing your criminal record, you may call 817-229-0319 to schedule a free consultation, or submit a sample case form.