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Is it true that the waiting period to apply for a non disclosure on a disorderly conduct is two years.

Portland, TX |

Is it true that after completing deferred adjudication for disorderly conduct you have to wait two years to apply for nondisclosure or can you apply immediately? And I heard that after deferred adjudication you can not apply for expungement, is that true?

Attorney Answers 4

  1. You keep asking the same questions in a different manner. Disorderly conduct is a class C misdemeanor, an offense punishable by fine only, which by Texas Law you can file for an Expunction right after the case is dismissed. You do not need a Non-Disclosure nor do you need to wait two years.

  2. You cannot apply for expunction - it is if you were found not guilty after a trial or the case was dismissed without probation.

    There is no waiting period on disorderly conduct.

  3. Disorderly conduct is usually a Class C misdemeanor, but it can be a Class B, if a firearm is involved. The distinction is very important because the answer is different, depending upon the level of the charge.

    You can tell the level by what court heard the charge. If it was a municipal court or justice of the peace court, it is a Class C. If it was in a County Court at Law, it was a Class B.

    If it was a Class C, you may get it off your record through expunction. If it was a Class B, only a nondisclosure is available.

    There is no waiting period for the Class C version.

  4. There seems to be some confusion. You may apply for an expunction after completing deferred on a Class C. However, many counties have you waive your right to an expunction as part of a plea. The next best thing at that point is a non-disclosure order, which is what you're asking about. The waiting period on that is two years from the date you are discharged from deferred. I hope that helps!

    This statement is intended for general information and does not form an attorney/client relationship.

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