Non-Disclosure of Deferred Probations
Most people know that getting
a criminal conviction is a serious matter.
Getting it NOT to affect you is a whole
different thing! Your best course of action is
to not get it on there in the first place, but
if that is unsuccessful, you'll need the
assistance of lawyers who know how to handle
these kinds of cases.
Can't I just get it
expunged?
Probably not. Expungement is for cases where you
really should have never been charged in the
first place, e.g., the police broke into the
wrong house, arrested the wrong person, or you
were "framed", or charges were
eventually completely dismissed to name a view. In other words,
"It never should have happened in the first
place"
How about a pardon?
Keep hopin'! (I haven't seen one in twenty five
years!)
Then what is this "Non-Disclosure" thing?
It is a comparatively new law, and essentially
says that if you qualify, you can petition the
Court to enter an order that prohibits law
enforcement authorities from revealing that you
were on a deferred adjudication at one point. As
you can imagine, this has far-reaching
consequences for all kinds of backgrounds such
as jobs, school, credit, etc...
I thought that's what
Deferred meant, that it wouldn't go on my
record?
Well, yes and no. A successfully completed
deferred is not a "conviction", thus it would
not be answered on an application form which
asks if you have been "convicted".
Unfortunately, employers are getting more savvy,
and with the advent of the internet,now
routinely check someones criminal background,
which shows deferreds.
Does everyone qualify
for "Non-Disclosure"?
NO!. The requirements are:
You were placed on deferred adjudication
You successfully completed deferred adjudication
You have had not only your probation, but your
case dismissed.
You were not on deferred for certain offense,
sex, guns, violence,etc..
There is no good reason that you shouldn't be
granted non-disclosure(e.g., you have another
conviction that IS on your record.
What if the DA doesn't
agree?
Mr. Nance will set your case for hearing on the
merits in front of the Judge. He has vast
experience in doing this.
Are there any other
fees?
For both misdemeanors and felonies in Dallas
County, the fee is just over $200.00. This
number changes periodically, but there is a
filing fee for the Courts.
Call us at 214-341-9026 to come in, or further
questions or email us.
You can check the actual law for yourself
here!
