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Texas Non Disclosure Law

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If a person is arrested 2009 for capital murder and it was lowered to Agg Robbery 2011 and given 10 years deferred. No other criminal history.

1. Can that person, after completing the deferred successfully and waiting the 5 years, have the agg robery non disclosured?

2. Is there anything by current law to have the capital murder arrest nondisclosured too?
 


quincy

Senior Member
If a person is arrested 2009 for capital murder and it was lowered to Agg Robbery 2011 and given 10 years deferred. No other criminal history.

1. Can that person, after completing the deferred successfully and waiting the 5 years, have the agg robery non disclosured?

2. Is there anything by current law to have the capital murder arrest nondisclosured too?
By "nondisclosed" do you mean sealed or expunged?
 

Zigner

Senior Member, Non-Attorney
If a person is arrested 2009 for capital murder and it was lowered to Agg Robbery 2011 and given 10 years deferred. No other criminal history.

1. Can that person, after completing the deferred successfully and waiting the 5 years, have the agg robery non disclosured?

2. Is there anything by current law to have the capital murder arrest nondisclosured too?
What US state?
What does "person"'s attorney say about the matter?
 

FlyingRon

Senior Member
Subject line says TEXAS.

The answer appears to be yes (if there is no other criminal history). After completing your deferred adjudication probation successfully and then waiting another five years, you can make the petition. The only banned felonies are things like murder, kidnapping, stalking, protection order violations, and anything that requires sex offender registration.
 

FlyingRon

Senior Member
I thought only nonviolent misdemeanors were eligible?
You need to read a little further in the section you posted. GC 411.072 covers non-violent misdemeanors. GC 411.0725 covers other misdemeanors and felonies. There's only a handful of prohibited ones as I stated (listed in GC 411.074). I looked up the section numbers listed there, none are the agg robbery.
 

quincy

Senior Member
You need to read a little further in the section you posted. GC 411.072 covers non-violent misdemeanors. GC 411.0725 covers other misdemeanors and felonies. There's only a handful of prohibited ones as I stated (listed in GC 411.074). I looked up the section numbers listed there, none are the agg robbery.
Ah. I only skimmed through the sections. Thanks.
 

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