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 411.0728
_____________________________________ (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 411.0728, Government
Code.
1. The Underlying Order
Petitioner was convicted in this court of an offense under Section 43.02, Texas
Penal Code, and was placed on community supervision (hereinafter “probation”) under
Section 5, Article 42.12, Code of Criminal Procedure (effective January 1, 2017, Art.
42A.101) in Criminal Cause No
.
__________________
(6)
, and the conviction was
subsequently set aside by the court under Section 20(a), Article 42.12, Code of Criminal
Procedure (effective January 1, 2017, Art. 42A.101). A copy of the order or judgment
placing Petitioner on probation is / is not (7) attached to this Petition. A copy
of the order setting aside the conviction is / is not (8) attached to this Petition.
2. Petitioner Satisfies the Requirements of Sec. 411.0728, Government
Code
OCA MODEL PETITION
APRIL 2017
Petitioner satisfies the requirements of Sec. 411.0728 of the Government Code
because:
• Petitioner was convicted and placed on probation for an offense under Sec.
43.02 of the Penal Code;
• Petitioner committed the offense solely as a victim of trafficking of persons;
and
• Petitioner’s conviction was set aside after September 1, 2015.
3. Petitioner Satisfies the Requirements of Sec. 411.074, Government Code
Petitioner satisfies the requirements of Section 411.074, Government Code, in that
during the period of probation for the offense for which the order of nondisclosure is
requested, Petitioner was not convicted of or placed on deferred adjudication under
Section 5, Article 42.12 (effective January 1, 2017, Art. 42A.101), Code of Criminal
Procedure, 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:
• 19.02 (murder);
• 19.03 (capital murder);
• 20A.02 (trafficking of persons);
OCA MODEL PETITION
APRIL 2017
• 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 petitioner is entitled to file a petition for an
order of nondisclosure under Sec. 411.0728, Government Code, if:
• the offense for which the petitioner is seeking an order of nondisclosure is
an offense under Sec. 43.02 of the Penal Code;
• the petitioner was placed on probation for such offense;
• the petitioner’s conviction was set aside after September 1, 2015;
• the petitioner committed the offense solely as a victim of trafficking of
persons; and
• the petitioner has met the requirements of Sections 411.0728 and 411.074,
Government Code, including: during the term of probation and during any
OCA MODEL PETITION
APRIL 2017
waiting period after completion of probation for the offense for which the
petitioner is requesting an order of nondisclosure, not having been
convicted of or placed on deferred adjudication for another offense other
than an offense under the Transportation Code punishable by fine only;
filing the petition after the petitioner’s conviction was set aside; no
affirmative finding by the court that the offense for which the petitioner is
requesting an order of nondisclosure involved family violence as defined by
Sec. 71.004, Family Code; and never having been convicted of or placed on
deferred adjudication for an offense listed in Sec. 411.074(b), Government
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 would be in the best 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: (9)
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 committed the offense solely as a victim of
trafficking of persons and issuance of the order is in the best interest of justice, the court
OCA MODEL PETITION
APRIL 2017
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,
________________________________
(10)
_________________________________________________
(11)
_________________________________________________
(12)
_________________________________________________
(13)
_________________________________________________
(14)
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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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