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Basic Requirements for All Orders of Nondisclosure

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Introduction

To get an order of nondisclosure, you must ensure you meet the basic eligibility requirements for all orders of nondisclosure. 
Although the requirements of each section are different, in order to be eligible for an order of nondisclosure under any of them, you MUST first satisfy the basic requirements of Section 411.074, Government Code.

Important:

If you cannot satisfy these requirements, you are not eligible for an order of nondisclosure, and there is no need for you to request an order of nondisclosure from the court because the court does not have the legal authority to grant an order of nondisclosure to you. 

Basic Requirement 1: The offense is not a disqualifying offense.

You are not eligible for an order of nondisclosure if the offense for which you are requesting an order of nondisclosure or any other offense you have ever been convicted or placed on deferred adjudication for was one of the following offenses:  

· an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;  

· an offense under Texas Penal Code Section 20.04 (aggravated kidnapping);  

· an offense under any of the following Texas Penal Code Sections:  

o19.02 (murder);

o19.03 (capital murder); 

o20A.02 (trafficking of persons);

o20A.03 (continuous trafficking of persons);

o22.04 (injury to a child, elderly individual, or disabled individual);

o22.041 (abandoning or endangering a child);

o25.07 (violation of court orders or conditions of bond in a family violence, sexual assault or abuse, stalking, or trafficking case); 

o25.072 (repeated violation of certain court orders or conditions of bond in family violence, sexual assault or abuse, stalking, or trafficking case); or  

o42.072 (stalking); or 

· any other offense involving family violence, as defined by Section 71.004, Family Code. 

Remember, these restrictions include not only the offense for which you are seeking the order of nondisclosure, but also your entire criminal history.  You are NEVER eligible to receive an order of nondisclosure if you have ever been convicted of one of the preceding types of offenses. 

  • More Information
    • If you are unsure if you have a disqualifying criminal history, you may wish to check your criminal history record. You can obtain a copy of your criminal history record from the Texas Department of Public Safety (DPS). Procedures for obtaining your criminal history record can be found online at http://www.txdps.state.tx.us.
    • Your criminal history record will list the offenses for which you have been convicted or placed on deferred adjudication. Your criminal history record will not show whether any of these offenses required registration as a sex offender, nor will your criminal history record reveal whether any of the offenses involved family violence. The underlying judgments of conviction and orders of deferred adjudication will reveal this information.
    • Again, if you know your criminal history, you do not need to obtain your criminal history record. You are not required to attach your criminal history record to your petition. You may, however, attach your criminal history record to your petition if you so desire.
Basic Requirement 2: There is not an affirmative finding of family violence.

You are not eligible for an order of nondisclosure if the court makes an affirmative finding that the offense for which you are requesting an order of nondisclosure involved family violence, as defined by Section 71.004, Family Code.

Basic Requirement 3: No Waiting Period Convictions or Deferred Adjudications (Except for Traffic Offenses punishable by fines only).

You are not eligible for an order of nondisclosure if, during the period after you were convicted or placed on deferred adjudication for the offense for which you are requesting an order of nondisclosure, and during any required waiting period after completion of the sentence or deferred adjudication ( see Note below), you were convicted of or placed on deferred adjudication for any offense other than an offense under the Transportation Code punishable by fine only.       
 
Note:  There are waiting periods prior to being eligible for some of the orders of nondisclosure.  After determining which nondisclosure law applies to you, confirm that you have not been convicted of any other offense other than an offense under the Transportation Code punishable by fine only during the waiting period.