Instructions for Model Petition for Order of Nondisclosure Under Section 411.073 - Texas

This document was released by Texas Judicial Branch and contains the most recent official instructions for Model Petition for Order of Nondisclosure Under Section 411.073 .

FAQ

Q: What is an Order of Nondisclosure?A: An Order of Nondisclosure is a court order that seals criminal records from public access.

Q: What is Section 411.073 in Texas law?A: Section 411.073 is a provision in Texas law that allows individuals to petition for an Order of Nondisclosure.

Q: Who can petition for an Order of Nondisclosure?A: In Texas, individuals who have successfully completed deferred adjudication for certain offenses may be eligible to petition for an Order of Nondisclosure.

Q: What is deferred adjudication?A: Deferred adjudication is a form of probation where a defendant's case is put on hold and, if they successfully complete the probation period, the case can be dismissed.

Q: What offenses are eligible for an Order of Nondisclosure?A: Certain misdemeanors and non-violent felonies may be eligible for an Order of Nondisclosure, but there are specific requirements and exceptions.

Q: Why would someone want to obtain an Order of Nondisclosure?A: Obtaining an Order of Nondisclosure can help individuals with criminal records minimize the negative impact on their employment, housing, and other aspects of their lives.

Q: How can someone petition for an Order of Nondisclosure?A: To petition for an Order of Nondisclosure in Texas, an individual must file a written petition with the court that handled their case, pay the required fees, and meet all the necessary eligibility criteria.

Q: What is the process for obtaining an Order of Nondisclosure?A: The process for obtaining an Order of Nondisclosure involves filing the petition, attending a court hearing, and if the petition is granted, the court will issue the order sealing the criminal records.

Q: Are there any limitations to an Order of Nondisclosure?A: While an Order of Nondisclosure can prevent most private entities from accessing the sealed records, certain government agencies and employers may still be able to view the records under certain circumstances.

Q: Can an Order of Nondisclosure be revoked or modified?A: An Order of Nondisclosure can be revoked or modified if certain conditions are violated, such as re-offending or failing to comply with the terms of probation or the order itself.