Some people convicted of certain misdemeanors may ask the sentencing court for a nondisclosure order, but the court must issue it only if the statutory conditions are met and the offense is not disqualifying.
Sec. 411.0735. PROCEDURE FOR CONVICTION; CERTAIN MISDEMEANORS. (a) This section applies only to a person who: (1) is convicted of a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code, Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; and (2) is not eligible for an order of nondisclosure of criminal history record information under Section 411.073. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person's sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person: (1) satisfies the requirements of this section and Section 411.074; and (2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only. (c) Except as provided by Subsection (c-1), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted. (c-1) A court may not issue an order of nondisclosure of criminal history record information under this section if the court determines that the offense for which the order is sought, other than an offense under Section 22.01, Penal Code, was violent or sexual in nature. (d) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section only on or after: (1) the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor punishable by fine only; or (2) the second anniversary of the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor other than a misdemeanor described by Subdivision (1). Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 5, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 5, eff. September 1, 2017.