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Can I file a motion for non-disclosure for misdemeanor theft if I got time served? (Houston Harris County)

Houston, TX |

In 2009, I got arrested for misdemeanor theft (500-1500). I was in jail for four days, then went to court, plead guilty and got time served. Is it possible to do something about my record so I can apply for jobs again? I don't think I qualify for an expungement; can a file a motion for non-disclosure? Or will that not work either because I spent time in jail? Thank you

If I don't qualify for non-disclosure, is there something else I can do? Thank you

Attorney Answers 2


  1. No expungement. Also, unfortunately I don't think non-disclosure is option. To be eligible for non-disclosure you would've had to successfully complete deferred adjudication, and then have your case dismissed.

    BEST ANSWER I got.... and I HOPE I WAS HELPFUL!! My answers do not establish an attorney/client relationship. Contact Steve Hamer at (214) 843-1529 for a FREE CONSULTATION.


  2. A case that ends with a jail sentence on a class B or higher criminal case...which you seem to have had...is not expungeable unless the defendant gets pardoned.

    An order of non-disclosure is something that can be applied for following most deferred adjudication probations, but not after jail sentences.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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