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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!



 

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