Texas: Adult Diversion/Deferral Program (TX-D-1)

Records of certain nonviolent misdemeanors can be shielded by an order of nondisclosure upon dismissal following the successful completion of deferred adjudication community supervision, so long as the person has no other convictions and more than 180 days have passed since placement on supervision. Tex. Gov't Code § 411.072.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Shield

Ineligible Category or Citation

See Tex. Gov't Code § 411.072.

Procedure General

No petition is required. The court that placed the person on deferred adjudication community supervision can issue an order of nondisclosure immediately upon dismissal, or as soon as practicable after 180 days have passed since placement on supervision, or file a statement that an order of nondisclosure is not in the best interest of justice. For the specific procedure, see Tex. Gov't Code §§ 411.072 et seq.

Fees

Various fees may apply, see Tex. Gov't Code § 411.0745.

Effect

The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Gov't Code § 411.0755.

Forms

For information on orders of nondisclosure, visit here.

Waiting Periods

The court can issue the order of nondisclosure of criminal history record information at the time the court discharges and dismisses the proceedings against the person, if the discharge and dismissal occurs on or after the 180th day after the date the court placed the person on deferred adjudication community supervision; or as soon as practicable on or after the 180th day after the date the court placed the person on deferred adjudication community supervision, if the discharge and dismissal occurred before that date. Tex. Gov't Code § 411.072(b).

Back to Texas