|Sealing Brazoria County Criminal Records|
Yes. Many people mistakenly believe that Brazoria County deferred adjudication records are removed from a defendant’s criminal history upon successful conclusion of the probation sentence, however the law does not provide for automatic sealing of deferred adjudication records
CAN BRAZORIA COUNTY DEFERRED ADJUDICATION RECORDS BE MADE NON-PUBLIC?
Yes, in some instances. The way that Brazoria County deferred adjudication community supervision records can be made non-public for certain Class B, Class A, or felony offenses is by filing a Petition for Non-Disclosure. Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. This procedure, however, is unavailable for many offenses. Furthermore, if a defendant commits an offense after the deferred adjudication has been completed and before filing the petition, a defendant may be disqualified.
FOR WHICH OFFENSES IS THIS PROCEDURE UNAVAILABLE?
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 received deferred adjudication) is not eligible to seek an order of nondisclosure:
*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
* Injury to a child, elderly individual, or disabled individual
* Abandoning or endangering a child
* Violation of protective order or magistrate’s order
* Any offense involving family violence
* Indecency with a child
* 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
WHICHARE DISQUALIFIED FROM SEEKING AN ORDER OF IN BRAZORIA COUNTY?
Any defendant who, after the date of discharge and dismissal, has been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only.
WHEN CAN AN OTHERWISE ELIGIBLE DEFENDANT SEEK AN ORDER OF NON-DISCLOSURE?
Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure.
All felonies — 5 years from date of discharge and dismissal.
The following misdemeanors — 2 years from date of discharge and dismissal:
* Making a firearm accessible to a child • Obstructing highway or other passageway
* Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
* Silent or abusive calls to 9-1-1 service
* Unlawful carrying of handgun by license holder
* Unlawful carrying weapons
* Unlawful possession of firearm
* Unlawful restraint
* Unlawful transfer of certain weapons
* Violation of protective order preventing offense caused by bias or prejudice
* Advertising for placement of child
* Aiding suicide
* Cruelty to animals
* Deadly conduct
* Destruction of flag
* Discharge of firearm
* Disorderly conduct
* Disrupting meeting or procession
* Dog fighting
* False alarm or report
* Harboring runaway child
* Hoax bombs
* Indecent exposure
* Interference with emergency telephone call
* Leaving a child in a vehicle
All other misdemeanors — May file immediately upon discharge and dismissal.
If you are eligible, it is important to file a Brazoria County Petition for Non-Disclosure. Unless there is a court order of non-disclosure directing otherwise, records of a prosecution resulting in a deferred adjudication are publicly available in the Brazoria County District Clerk’s records.
Brazoria County Criminal Attorney Andy Nolen in the past 23 years as a Texas Defense Lawyer, has had over 3000 clients and more than 500 serious criminal cases dismissed.
Brazoria County Criminal Attorney Andy Nolen represents clients charged with crimes in State and Federal courts in Houston, Galveston, Houston, Houston, Texas, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso, Hempstead, Houston, Texas and all counties in Texas.
Brazoria County Criminal Attorney Andy Nolen only accepts a few cases at any given time in order to give each client his full attention.. Call Andy Nolen and he will be glad to consult with you about your current situation for free. His number is 832-480-8951.
To get you record sealed, the Petition for Non Disclosure must be prepared, filed with the clerk, the filing fee alone is around $250, with the attorney fee added, your looking at about $980. I promise it will be the best $980 you ever invest in your future.