Overview Description

Records relating to a case dismissed following successful completion of deferred adjudication community supervision can be shielded by an order of nondisclosure one year after dismissal and discharge if the person committed the offense solely as a victim of human trafficking. Tex. Gov't Code § 411.0728.

Ineligible Category or Citation

This section only applies to offenses listed in section 411.0728(a)(1). See also Tex. Gov't Code § 411.074.

Procedure General

The petition is to be filed in the court that handled the case, unless multiple offenses are involved, in which case the person can request consolidation in a district court in the county where the person was most recently placed on deferred adjudication community supervision. For the specific procedure, see Tex. Gov’t Code § 411.0728.

Fees

Fees amount to at least $207 and typically about $250 in district court, plus $28 fee for petition for non-disclosure. See Tex. Gov't Code § 411.0745.

Effect

The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.

Forms

Order of nondisclosure forms can be found here.

Waiting Periods

The petition can be filed one year after dismissal and discharge.

(non-prod server)