Non Disclosure Case Study

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Assignment #4: Reintegration & Sealing Records
• What is a Motion for Non-Disclosure
(Slayton, 2014)- Orders of Nondisclosure:
An order of nondisclosure is a court order prohibiting public entities such as courts and police departments from disclosing certain criminal records. It also legally frees an individual who is granted an order of nondisclosure from disclosing information about their criminal history (subject to the order of nondisclosure) in response to questions on job applications. The criminal record may be disclosed to other criminal justice agencies for criminal justice or regulatory licensing purposes, as well as several non-criminal justice agencies and entities (e.g. Texas Medical Board, Texas Board of Law Examiners, Texas …show more content…

(Slayton, 2014)- Who is eligible?
1. Individual must have been placed on deferred adjudication community supervision for the offense in question.
-If individual was convicted of an offense, the individual is not entitled to file a petition for an order of nondisclosure.
2. Individual must successfully complete deferred adjudication.
3. Individual must not be seeking an order of nondisclosure for one of the following offenses:
-Offenses including murder; capital murder; aggravated kidnapping; injury to a child, elderly individual or disabled individual; abandoning or endangering a child; violations of protective order or condition of bond in a family violence, sexual assault or abuse or stalking case; and stalking.
-Offenses that require registration as a sex offender
-Offenses involving family violence.
4. Individual must wait a period of time following the court’s order of dismissal and discharge before seeking an order of nondisclosure
-Felony = 5 years
-Certain Misdemeanors = 2 Years
-Unlawful restraint, sexual offenses, assaultive offenses, offenses against the family, disorderly conduct and weapons …show more content…

(OCA Overview, 2017)- In order to obtain an order of nondisclosure, you must first file a petition for an order of nondisclosure with the proper court. The petition is to be filed with the clerk of the court that handled the offense for which you were placed on deferred adjudication. You will have to pay a filing fee of approximately $280 – however, the fee varies from county to county. Please check with the clerk of the court to determine the exact filing fee. If you are indigent, you may file a Statement of Inability to Afford Payment of Court Costs in lieu of paying a filing fee.
(Daniel, 2017)- A Petition for Non-Disclosure is filed at 201 Caroline on the first floor, Suite 110 in the Criminal Customer Service Section located inside of the Civil Intake Department at windows 4, 5, and 6. There is a $250.00 County filing fee if filed in the County courts. There is a $260 District filing fee if filed in the District courts. You can obtain the necessary forms from the Texas Judicial System's website. (Daniel,

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