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Clearing Your Record in Texas: Motion for Non Disclosure

Written by: Herman Martinez

Reputation Level 13

Criminal Defense Criminal Record

Posted over 3 years ago. Applies to Harris County, TX, 5 helpful votes, 12 comments

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What Type of Case Did You Have: When Can the Petition Be Filed?

All felonies -- 5 years from date of discharge and dismissal. Most misdemeanors may be "cleared" immediately. However some require a wait of 2 years from date of discharge and dismissal. Such as the following: Assault Cruelty to animals Deadly conduct Destruction of flag Discharge of firearm Disorderly conduct Disrupting meeting or procession Dog fighting False alarm or report Harassment Harboring runaway child Hoax bombs Indecent exposure Interference with emergency telephone call Leaving a child in a vehicle Making a firearm accessible to a child. Obstructing highway or other passageway Possession, manufacture, transport, repair or sale of switchblade knife or knuckles Public lewdness Riot Silent or abusive calls to 9-1-1 service Terroristic threat Unlawful carrying of handgun by license holder Unlawful carrying weapons Unlawful possession of firearm Unlawful restraint

Is Your Offense Ineligible for a Motion for Non Disclosure?

Under Section 411.081(e)(1)-(4), Government Code, anyone who has ever committed any of the following offenses (including as the offense for which the defendant got deferred adjudication) is not entitled to seek an order of nondisclosure. Indecency with a child Sexual assault Aggravated sexual assault Prohibited sexual conduct (incest) Aggravated kidnapping Burglary of a habitation with intent to commit any of the above offenses Compelling prostitution Sexual performance by a child Possession or promotion of child pornography Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age Attempt, conspiracy, or solicitation to commit any of the above offenses Capital murder "Family violence" means: Click here to close 1) An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably

Additional Resources

Find the court, case number, and date of discharge before filing the motion. Lastly, the motion must be filed with the court that granted the deferred adjudication.

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