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

Answers:

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. 


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