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 411.0725
____________________________________ (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 411.0725, Government Code.
1. The Underlying Order and Order of Dismissal and Discharge
Petitioner was convicted in this court of the offense of (6) ____________________,
(7) a misdemeanor / felony in Criminal Cause No. (8) ____________________.
Petitioner was placed on deferred adjudication community supervision
(hereinafter “deferred adjudication”) under Section 5, Article 42.12, Code of
Criminal Procedure (effective January 1, 2017, under Article 42A.101). The term of
Petitioner’s deferred adjudication began on (9)____________ and ended on
(10)____________. A copy of the court’s order or judgment placing Petitioner on
deferred adjudication (11) is / is not attached to this petition.
The court did not proceed to an adjudication of guilt. Instead, the court discharged
Petitioner and dismissed the proceedings against Petitioner. A copy of the court’s Order
OCA MODEL PETITION
APRIL 2017
of Discharge and Dismissal (12) is / is not attached to this petition. The date
of the discharge and dismissal order is ____________. (13)
2. Petitioner Satisfies the Requirements of Gov’t Code Section 411.0725
Petitioner satisfies the requirement that a petitioner not be eligible for an
automatic order of nondisclosure under Sec. 411.072 because (check all that apply): (14)
A. The misdemeanor offense for which Petitioner is requesting an order
of nondisclosure falls under one of the following chapters of the Penal Code:
20 (kidnapping, unlawful restraint, smuggling of persons),
21 (sexual offenses),
22 (assaultive offenses),
25 (offenses against the family),
42 (disorderly conduct and related offenses),
43 (public indecency offenses),
46 (weapons offenses), or
71 (organized crime offenses).
B. In the case that Petitioner is requesting an order of nondisclosure,
this court filed an affirmative finding that it is not in the best interest of
justice for Petitioner to receive an automatic order of nondisclosure under
Sec. 411.072, Government Code.
C. The offense for which Petitioner is requesting an order of
nondisclosure is a felony.
D. Petitioner has previously been convicted of or placed on
deferred adjudication for another offense other than an offense under the
Transportation Code punishable by fine only. (A list of offenses of which
Petitioner has been previously convicted or placed on deferred adjudication and
the dates is / is not attached to the petition.)
OCA MODEL PETITION
APRIL 2017
Petitioner has met the waiting period requirement of Section 411.0725(e) as
indicated below (check one): (15)
on or after the fifth anniversary of the discharge and
dismissal (Petitioner’s offense was a felony); or
on or after the second anniversary of the discharge and
dismissal (Petitioner’s offense was a misdemeanor under Chapter 20,
21, 22, 25, 42, 43, or 46, Penal Code); or
on or after the discharge and dismissal (Petitioner’s offense
was a misdemeanor which was not 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 placed Petitioner on deferred adjudication for the
offense for which the order of nondisclosure is requested, and during any applicable
waiting period (described in Section 2 above) after completion of Petitioner’s
deferred adjudication, Petitioner was not convicted of or placed on deferred
adjudication under Section 5, Article 42.12, Code of Criminal Procedure (effective
January 1, 2017, under Article 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 previously convicted of or placed on any other deferred adjudication for
any of the following:
(A) an offense requiring registration as a sex offender under Chapter 62,
Code of Criminal Procedure;
(B) an offense under Texas Penal Code Section 20.04 (aggravated
kidnapping);
(C) an offense under any of the following Texas Penal Code Sections:
OCA MODEL PETITION
APRIL 2017
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);
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. 411.0725, Government Code, if the person:
was placed on deferred adjudication for a misdemeanor or felony offense;
received a discharge and dismissal of the proceedings against him or her;
and
OCA MODEL PETITION
APRIL 2017
has met the requirements of Sections 411.0725 and 411.074, Government
Code, including: not being eligible for an order of nondisclosure under Sec.
411.072; waiting the requisite amount of time to file a petition for an order
of nondisclosure; never having been convicted of or placed on deferred
adjudication for an offense listed under Sec. 411.074(b), Government Code;
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, of the Family Code; and during the period after the court
pronounced the sentence and during any applicable waiting period,
Petitioner was not convicted of or placed on deferred adjudication for any
offense other than an offense under the Transportation Code punishable by
fine only.
5. Issuance of an Order of Nondisclosure is in the Best Interest of Justice
The issuance of an Order of Nondisclosure in this case would be 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: (16)
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
OCA MODEL PETITION
APRIL 2017
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
an 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,
________________________________
(17)
________________________________________________
(18)
________________________________________________
(19)
________________________________________________
(20)
_________________________________________________
(21)
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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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