This section says how a petition for nondisclosure may be filed, what fee and form requirements apply, and when the court must give notice and hold a hearing.
Sec. 411.0745. PETITION AND ORDER. (a) A person who petitions the court for an order of nondisclosure of criminal history record information under this subchapter, when a petition is required, may file the petition in person, electronically, or by mail. (b) The petition must be accompanied by payment of a fee that generally applies to the filing of a civil case. (c) The Office of Court Administration of the Texas Judicial System shall prescribe a form for the filing of a petition electronically or by mail. The form must provide for the petition to be accompanied by the required fees and any other supporting material determined necessary by the office of court administration, including evidence that the person is entitled to file the petition. (d) The office of court administration shall make available on its Internet website the electronic application and printable application form. Each county or district clerk's office that maintains an Internet website shall include on that website a link to the electronic application and printable application form available on the office of court administration's Internet website. (e) On receipt of a petition under this section, the court shall provide notice to the state and an opportunity for a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice. The court shall hold a hearing before determining whether to issue an order of nondisclosure of criminal history record information, except that a hearing is not required if: (1) the state does not request a hearing on the issue before the 45th day after the date on which the state receives notice under this subsection; and (2) the court determines that: (A) the person is entitled to file the petition; and (B) the order is in the best interest of justice. Transferred, redesignated and amended from Government Code, Section 411.081(f-1) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 7, eff. September 1, 2015. Amended by: Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.16, eff. January 1, 2022.