Texas: Adult Diversion/Deferral Program (TX-D-7)

Records relating to a driving or boating while intoxicated case dismissed following successful completion of deferred adjudication community supervision can be shielded by an order of nondisclosure two years after dismissal and discharge. Tex. Gov't Code § 411.0726.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

Petition-based

Remedy

Shield

Ineligible Category or Citation

Tex. Gov't Code § 411.0726(e).

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see Tex. Gov't Code § 411.0726.

Fees

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

Effect

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

Forms

Order of nondisclosure forms can be found here.

Waiting Periods

The petition can be filed two years after dismissal and discharge.

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