Texas: Adult Diversion/Deferral Program (TX-D-2)

Records related to certain misdemeanors can be shielded by an order of nondisclosure upon dismissal following the successful completion of deferred adjudication community supervision. Tex. Gov't Code § 411.0725(e)(1).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Shield

Ineligible Category or Citation

See Tex. Gov't Code § 411.074.

Procedure General

The petition must be filed in the court that placed the person on deferred adjudication community supervision. For the specific procedure, see Tex. Gov't Code § 411.0725.

Fees

The fees amount to at least $207 and typically about $250 in the district court, plus $28 fee for the petition for nondisclosure. See Tex. Gov't Code § 411.0745.

Effect

The person is not required in any application for employment or licensing to state that they have been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.

Forms

For information on orders of nondisclosure, visit here.

Waiting Periods

The petition can be filed upon dismissal.

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