Written By Joseph Devine
Being convicted of a crime has very serious consequences and can take a toll on your reputation, family life, and future career opportunities. Life after a conviction can be difficult and many people may struggle to find work if background checks are a part of a potential employer's hiring process. In order to have the details of your criminal record protected from the eyes of employers, landlords and the general public, you need to have your record sealed. The first step in this process is deferred adjudication.
Deferred Adjudication
If you've been convicted of a crime, you may have the option of deferred adjudication. Deferred adjudication does not imply that you have been found guilty. In fact, deferred adjudication is not a final conviction at all, rather, a plea bargain between you and a Texas Court of Law. To receive deferred adjudication, you must plea either guilty or no contest. It is important to realize, however, that deferred adjudication does not dismiss any charges and does not prevent your charge from appearing on your criminal record.
Non-Disclosure
After you successfully complete your deferred adjudication assignment and a probation period, you are eligible to petition for an order of non-disclosure. Non-disclosure works to prevent law enforcement officials from releasing your criminal record to the general public. It also allows you to completely deny any occurrence of criminal activity if asked.
Non-disclosure prevents your record from being seen by the general public, however, law enforcement agencies will still have access to your information. Certain state agencies may also still access your record for professions that may require a license. You should also be aware that although your record has been sealed, the information found in your criminal record can be used against you in any future criminal proceedings.
Waiting Periods for Non-Disclosure Orders
Although you may be eager to have your criminal record sealed, there is a waiting period for orders of non-disclosure. If you have been charged with a felony, your wait period will be 5 years. Individuals charged with misdemeanors are normally allowed to file a petition for non-disclosure as soon as their deferred adjudication period ends; however, there are certain misdemeanors that require an individual to wait 2 years.
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