A qualifying person may ask the court for a nondisclosure order, but the petition must include proof of eligibility and the court must deny the order if the offense caused a motor vehicle collision involving another person.
Sec. 411.0726. PROCEDURE FOR DEFERRED ADJUDICATION COMMUNITY SUPERVISION; CERTAIN DRIVING WHILE INTOXICATED AND BOATING WHILE INTOXICATED MISDEMEANORS. (a) This section applies only to a person who was placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, Code of Criminal Procedure, for a misdemeanor: (1) under Section 49.04 or 49.06, Penal Code; and (2) with respect to which no affirmative finding under Article 42A.105(f), Code of Criminal Procedure, was filed in the papers of the case. (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure if the person: (1) receives a discharge and dismissal under Article 42A.111, Code of Criminal Procedure; (2) satisfies the requirements of Section 411.074; and (3) 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) A petition for an order of nondisclosure of criminal history record information filed under this section must include evidence that the person is entitled to file the petition. (d) Except as provided by Subsection (e), 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 an order of nondisclosure of criminal history record information 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 giving rise to the deferred adjudication community supervision. (e) A court may not issue an order of nondisclosure of criminal history record information under this section if the attorney representing the state presents evidence sufficient to the court demonstrating that the commission of the offense for which the order is sought resulted in a motor vehicle collision involving another person, including a passenger in a motor vehicle operated by the person seeking the order of nondisclosure. (f) A person may petition the court that placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section only on or after the second anniversary of the date of completion of the deferred adjudication community supervision and the discharge and dismissal of the case. Added by Acts 2019, 86th Leg., R.S., Ch. 1298 (H.B. 3582), Sec. 6, eff. September 1, 2019. Amended by: Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 131, eff. September 1, 2023.