How do I go about getting a non-disclosure on a case I got 20 years ago?

I received defferred adjudicated probation but it didn’t come off when I completed my probation, so I got an attorney but he left the habeus corpus on my record which still shows the fact that I was charged with felonies. I need to get that off of my record. In addition to that I have some misdemenors that i would lile to petition a non disclosure, seal or expungement if possible. There are about 5 misdemenors: DWI, DWLS, theft of service, and no valid drivers licence. So I want to find out how to get all these things cleared off my record, unfortunantly no attorney will take my case because its just too small and theres not any money in it, so I’m going to have to do it.

Asked on November 30, 2012 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Because you were placed on deferred adjudication, you would need to file a petition for non-disclosure per 411.081 of the Texas Government Code.  You can get a copy of this statute on the State of Texas website and simply draft a request consistent with the requirements that are set out in it.  This doesn't get it off of your record completely, but it will block other people from seeing your history.  There are some exceptions for a non-disclosure request-- like certain types of offenses and your subsequent history.   This statute only applies to cases that resulted in a deferred adjudication.  So, if your DWI resulted in a strait probation or jail time, then it would not be eligible for a non-disclosure order. 

You are not eligible for an expunction because you actually did a type of probation, albeit deferred. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.