Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE. (a) A person may be granted an order of nondisclosure of criminal history record information under this subchapter and, when applicable, is entitled to petition the court to receive an order under this subchapter only if, during the period after the court pronounced the sentence or placed the person on community supervision, including deferred adjudication community supervision, for the offense for which the order of nondisclosure is requested, and during any applicable waiting period for the person under this subchapter following completion of the person's sentence or community supervision, including deferred adjudication community supervision, the person is not convicted of or placed on deferred adjudication community supervision for any offense other than a traffic offense that is punishable by fine only.
(b) A person may not be granted an order of nondisclosure of criminal history record information under this subchapter and is not entitled to petition the court for an order of nondisclosure under this subchapter if:
(1) the person requests the order of nondisclosure for, or the person has been previously convicted of or placed on deferred adjudication community supervision for:
(A) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
(B) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;
(C) an offense under Section 19.02, 19.03, 20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code; or
(D) any other offense involving family violence, as defined by Section 71.004, Family Code; or
(2) the court makes an affirmative finding that the offense for which the order of nondisclosure is requested involved family violence, as defined by Section 71.004, Family Code.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.40, eff. January 1, 2017.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 6, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 877 (H.B. 3016), Sec. 7, eff. September 1, 2017.
Structure Texas Statutes
Subtitle B - Law Enforcement and Public Protection
Chapter 411 - Department of Public Safety of the State of Texas
Subchapter E. -1. Order of Nondisclosure of Criminal History Record Information
Section 411.0716. Applicability of Subchapter
Section 411.0727. Procedure Following Successful Completion of Veterans Treatment Court Program
Section 411.0728. Procedure for Certain Victims of Trafficking of Persons or Compelling Prostitution
Section 411.0729. Procedure for Certain Veterans Placed on Community Supervision
Section 411.073. Procedure for Community Supervision Following Conviction; Certain Misdemeanors
Section 411.0735. Procedure for Conviction; Certain Misdemeanors
Section 411.0736. Procedure for Conviction; Certain Driving While Intoxicated Convictions
Section 411.074. Required Conditions for Receiving an Order of Nondisclosure
Section 411.0745. Petition and Order
Section 411.075. Procedure After Order
Section 411.0755. Statement in Application for Employment, Information, or Licensing
Section 411.076. Disclosure by Court
Section 411.0765. Disclosure by Criminal Justice Agency