petition for order of nondisclosure

[kfog]

Hey everyone

I got deferred adjudication for a furnishing alcohol to minors misdemeanor when I was 19. I successfully completed my deferred adjudication and was done with it. I am now 23, and am looking into options regarding my CHL. The least expensive/easiest(seems to be at least) option for me would be to petition for an order of nondisclosure. I was just wondering if any lawyers in here had any information on how to get the ball rolling on this and getting everything kosher so I can get this CHL paperwork turned in.

Thanks in advance


*EDIT* I might have my terms mixed up, under the new legislative changes effective September 09, I think I might have meant to use "set aside" instead of nondisclosure

 

[txinvestigator]

Hey everyone

I got deferred adjudication for a furnishing alcohol to minors misdemeanor when I was 19. I successfully completed my deferred adjudication and was done with it. I am now 23, and am looking into options regarding my CHL. The least expensive/easiest(seems to be at least) option for me would be to petition for an order of nondisclosure. I was just wondering if any lawyers in here had any information on how to get the ball rolling on this and getting everything kosher so I can get this CHL paperwork turned in.

Thanks in advance

IMO, the cheapest route is wait until it has been 5 years from the date of sentence. Seem like you have a year or less.

I am not an attorney, but I don't think an order of non-disclosure will help you.

From DPS

"Texas Government Code Section 411.081 allows an individual who has successfully completed deferred adjudication community supervision to petition the court that placed the individual on probation for an order of nondisclosure. An order of nondisclosure prohibits criminal justice agencies from disclosing to the public criminal history record information related to an offense.

Criminal history record information subject to an order of nondisclosure is excepted from required disclosure under the Public Information Act. Criminal justice agencies are permitted to release criminal history record information subject to an order of nondisclosure to criminal justice agencies, authorized noncriminal justice agencies and the individual who is the subject of the criminal history record information. "


The order does not effect Criminal Justice Agencies.

 

[DoubleActionCHL]

If you're interested in spending the money, I'd contact an attorney. Obviously, I'm not a lawyer, but I believe you'd be looking at two separate acts in order to qualify for your CHL before the 5 year eligibility windows. As I understand it, you must first petition to have the conviction set aside. If successful, you would then request expungement to remove the conviction from your record. This allows you to deny the conviction, and would meet the eligibility requirements for your CHL before the 5 year window is up. Each phase, I'm told, will cost you about $1,500. So, unless you've got plenty of money or have an overriding reason for getting your CHL as soon as possible, I think I'd just wait.

 

[kfog]

thanks for the info guys, i guess i should do a little more research and go from there