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Determining Eligibility of a Non-Disclosure
- successful discharge & dismissal of deferred adjudication; Art. 42.12, §5(c)
- and the court where petition is filed is the court that granted deferred.
- 5 years for Felonies
- 2 years for misdemeanors under Penal Code Ch. 20, 21, 22, 25, 42, or 46*
- Immediately eligible for all other misdemeanors
Petitioner is INELIGIBLE, if ever convicted or placed on deferred for:
- Indecency with a child
- Aggravated sexual assault
- Aggravated kidnapping with intent to abuse victim sexually PC 20.04 (a)(4)
- Sexual assault
- Incest (Prohibited Sexual Conduct)
- Burglary of a habitation with intent to commit any of the previous offenses
- Compelling prostitution PC 43.05
- Sexual performance- child
- Possess/promote child porn
- Indecent exposure (2nd conviction)
- Unlawful restraint, kidnapping, or aggravated kidnapping a person younger than 17
- Continuous sexual abuse of young children
- Online solicitation of a minor** PC 21.02 PC 33.021
- Attempt, conspiracy, or solicitation to commit any of the previous offenses
- Capital murder or Murder PC 19.02&3
- Injury to a child, elderly PC 22.04
- Abandon/Endanger child PC 22.041
- Violation Protective Order PC 25.07
- Stalking PC 42.072
- Any offense involving family violence Family Code § 71.004
Even if eligible, Petitioner becomes DISQUALIFIED if:
- During deferred or the waiting period, Petitioner has been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only. See § 411.081(e)
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