Fillable Petition For Order Of Nondisclosure (Texas Secretary of State)

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Petition For Order Of Nondisclosure (Texas Secretary of State)

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OCA MODEL PETITION
APRIL 2017
Cause No. _________________
(1)
In the Matter of § In the
§ _________________________
(2)
_________________________________ § _____________ County, Texas
(3) (4)
Petition for Order of Nondisclosure
Under Section 411.073
___________________________________ (5) (“Petitioner”) respectfully petitions
this court for an Order of Nondisclosure regarding the offense detailed in the following
paragraph. This petition is filed pursuant to Section 411.073, Government Code.
1. The Underlying Order and Completion of Community Supervision
Petitioner was convicted in this court of the misdemeanor offense of
________________________ (6) in Criminal Cause No. ________________ (7).
Petitioner was placed on community supervision (hereinafter “probation”), and
the term of Petitioner’s probation began on (8) ____________. Petitioner’s probation was
not revoked, and Petitioner completed the period of probation on (9) _______________.
A copy of this court’s order or judgment placing Petitioner on probation
(10) is / is not attached to this petition. A copy of this court’s order
showing that Petitioner completed probation is / is not attached. (11)
OCA MODEL PETITION
APRIL 2017
2. Petitioner Satisfies the Requirements of Gov’t Code Secs. 411.073 and
411.074
Petitioner meets the requirements of Sec. 411.073, Government Code, because:
the offense for which Petitioner was convicted and is requesting an order
of nondisclosure was NOT a misdemeanor under:
o Sec. 106.041, Alcoholic Beverage Code (driving/operating
watercraft under the influence of alcohol by minor),
o Sec. 49.04, Penal Code (driving while intoxicated),
o Sec. 49.05, Penal Code (flying while intoxicated),
o Sec. 49.06, Penal Code (boating while intoxicated),
o Sec. 49.065, Penal Code (assembling or operating an amusement
ride while intoxicated), or
o Chapter 71, Penal Code (organized crime offenses);
this court placed Petitioner on probation under a provision of Article
42.12, Code of Criminal Procedure, other than Section 5 (effective
January 1, 2017, under a provision of Chapter 42A, other than Art.
42A.101), that may have included confinement as a term of probation
or that may have placed Petitioner on probation after Petitioner served
part of a term of confinement;
Petitioner has never been previously convicted of or placed on deferred
adjudication community supervision (hereinafter “deferred
adjudication”) for another offense other than an offense under the
Transportation Code punishable by fine only; and
Petitioner has met the waiting period listed in the paragraph following
this sentence.
Petitioner has met the waiting period required by Sec. 411.073(d) and indicated
below (check one): (12)
OCA MODEL PETITION
APRIL 2017
on or after the second anniversary of the date of completion of the
probation (Petitioner’s offense was a misdemeanor under Chapter 20, 21,
22, 25, 42, 43, or 46, Penal Code); or
on or after the date of completion of the probation (Petitioner’s
offense was not a misdemeanor under Chapter 20, 21, 22, 25, 42, 43, or
46, Penal Code).
3. Petitioner Satisfies the Requirements of Gov’t Code Section 411.074
Petitioner satisfies the requirements of Section 411.074, Government Code, in that
during the period after the court pronounced the sentence for the offense for which
Petitioner is requesting an order of nondisclosure, and during any applicable waiting
period (described in Section 2 above) after completion of the probation, Petitioner was
not convicted of or placed on deferred adjudication under Section 5, Article 42.12, Code
of Criminal Procedure (effective January 1, 2017, Art. 42A.101), for any offense other
than an offense under the Transportation Code punishable by fine only.
Further, Petitioner was not convicted of or placed on deferred adjudication for and
has never been convicted of or placed on deferred adjudication for any of the following:
(A) an offense requiring registration as a sex offender under Chapter 62,
Code of Criminal Procedure; or
(B) an offense under Texas Penal Code Section 20.04 (aggravated
kidnapping); or
(C) an offense under any of the following Texas Penal Code Sections:
19.02 (murder);
19.03 (capital murder);
20A.02 (trafficking of persons);
20A.03 (continuous trafficking of persons);
22.04 (injury to a child, elderly individual, or disabled individual);
22.041 (abandoning or endangering a child);
OCA MODEL PETITION
APRIL 2017
25.07 (violation of court orders or conditions of bond in a family
violence, sexual assault or abuse, stalking, or trafficking case);
25.072 (repeated violation of certain court orders or conditions of
bond in family violence, sexual assault or abuse, stalking, or trafficking
case); or
42.072 (stalking); or
(D) any other offense involving family violence, as defined by Section 71.004,
Family Code.
Additionally, the court did not make an affirmative finding that the offense for which
Petitioner is requesting an order of nondisclosure involved family violence, as defined by
Section 71.004, Family Code.
4. Petitioner is Entitled to File a Petition for an Order of Nondisclosure
Petitioner is entitled to file this petition because Petitioner has satisfied each of the
requirements necessary to be so entitled. A person is entitled to file a petition for an
order of nondisclosure under Sec. 411.073, Government Code, if the person:
was convicted of a misdemeanor but not one of the misdemeanors listed in
Secs. 411.073(a) and 411.074(b), Government Code;
was placed on probation and ordered to serve a period of confinement for
that particular misdemeanor;
completed probation without it being revoked;
has never previously, during the period after the court pronounced the
sentence, or during any applicable waiting period, been convicted of or
placed on deferred adjudication for another offense other than an offense
under the Transportation Code punishable by fine only ; and
has met the requirements of Sections 411.073 and 411.074, Government
Code, including: waiting the requisite amount of time to file a petition for
OCA MODEL PETITION
APRIL 2017
an order of nondisclosure; no affirmative finding by the court that the
offense for which Petitioner is requesting an order of nondisclosure involved
family violence as defined by Sec. 71.004, Family Code.
5. Issuance of an Order of Nondisclosure is in the Best Interest of Justice
The issuance of an Order of Nondisclosure in this case is in the best interest of
justice.
6. The Fee to File the Petition has been Paid or Otherwise Satisfied
The fee to file this petition is the total amount of the fee required to file a civil
petition and $28.00, or a petitioner may submit a
Statement of Inability to Afford Payment
of Court Costs
in lieu of paying the filing fee. Petitioner has included: (13)
the required filing fee; or
a
Statement of Inability to Afford Payment of Court Costs
in lieu of
the required filing fee.
7. Prayer for Relief
Petitioner prays that after notice to the state, an opportunity for a hearing, and a
determination by the court that Petitioner is entitled to file this petition and issuance of
the order of nondisclosure is in the best interest of justice, the court will grant Petitioner’s
request for an order prohibiting criminal justice agencies from disclosing to the public
criminal history record information related to the offense specified in this petition.
Respectfully submitted,
________________________________
(14)
_________________________________________________
(15)
OCA MODEL PETITION
APRIL 2017
_________________________________________________
(16)
_________________________________________________
(17)
_________________________________________________
(18)
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Petition For Order Of Nondisclosure (Texas Secretary of State)

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Completed 9 August 2020

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