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Can a person on a deferred case be expunged in Texas?
Asked on April 30, 2009 under Criminal Law, Texas
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The answer is yes. Chapter 55 of the Texas Code of Criminal Procedure contains provisions for the expunction of arrest records, court records and criminal history record information. The statute specifically details the requirements and procedures to properly expunge records in Texas.
All individuals seeking an expunction of records are encouraged to obtain a copy of their criminal history maintained by the Department and to seek the advice of a licensed attorney to determine if they are eligible for the expunction of records.
Specifically, Texas Government Code Section 411.08 allows an individual who has successfully completed deferred adjudication community supervision to petition the court that placed the individual on probation for an order of nondisclosure. An order of nondisclosure prohibits criminal justice agencies from disclosing to the public criminal history record information related to an offense.
Criminal history record information subject to an order of nondisclosure is excepted from required disclosure under the Public Information Act. Criminal justice agencies are permitted to release criminal history record information subject to an order of nondisclosure to criminal justice agencies, authorized noncriminal justice agencies and the individual who is the subject of the criminal history record information.
In seeking an order of nondisclosure you should seek the advice of a licensed attorney to determine if they are eligible for an order of nondisclosure. Try www.AttorneyPages.com
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