Saturday, September 12, 2009

Seal Your Deferred Adjudication

Under the right circumstances, after you complete your deferred adjudication probation you can ask the court for an order of non-disclosure. The order allows you to legally deny the occurrence of the arrest and prosecution. The arrest records are sealed and you need not disclose your arrest record to prospective employers, landlords, or anyone else that may ask about the arrest record.
You can request the non-disclosure order immediately after discharging from most misdemeanor deferred adjudications. On felony offenses, the order can be requested 5 years after discharge. You are not eligible if you have a conviction for any other offenses after the discharge of the case.
Many job applications and licensing applications ask whether or not you have been convicted of a crime. The Legislature just passed House Bill 2808 which prohibits a licensing authority from considering a person to have been convicted of an offense if the person successfully completed deferred adjudication. However, this provision does not apply if the person is an applicant for or the holder of a license that authorizes the person to provide law enforcement or public heath, education, or safety services.

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