I completed deferred adjudication. Is the case off my record?
No! Once you've successfully completed deferred adjudication probation, you will need to file a motion for an order of nondisclosure. Under an order of nondisclosure, the records of your case will still exist, but all agencies with a copy of the record will be ordered not to disclose it to the public.
What's the difference between an expungement and a nondisclosure?
Under an order of expungement, all parties with a copy of the record will be ordered to destroy the record -- it's as though it never happened. Under an order of nondisclosure, parties can keep the file -- they'll just be told by a court that they cannot disclose it to anybody, with a few exceptions, mostly state agencies.
Who can see a record that's under an order of nondisclosure?
State agencies can still see the file; this means that if you're applying for a state occupational license -- for instance, a law license or a medical license -- the agency will still be able to get a record of the case. But since you successfully completed deferred adjudication, it still won't be considered a conviction.
Is it worth it to get an order of nondisclosure?
Yes! While state agencies will be able to see the file, employers, landlords, and anyone else who might be interested in running a background check on you won't be able to see it. Call us today if you want your records sealed.
Am I eligible for an order of nondisclosure?
Cases involving family violence or requiring registration as a sex offender are not eligible for an order of nondisclosure. In addition, an order of nondisclosure is at the judge's discretion. If you've been in trouble since being released from deferred adjudication -- even if the charges wound up getting dropped -- a judge might deny your motion for an order of nondisclosure.