Fill - Free fillable Petition for Order of Nondisclosure (Texas Secretary of State) PDF form

Cause No. _________________

(1)

In the Matter of § In the

§ _________________________

(2)

_________________________________ § _____________ County, Texas

(3) (4)

Petition for Order of Nondisclosure

_____________________________________ (“Petitioner”) respectfully petitions

(5)

this Court for an Order of Nondisclosure regarding the offense detailed in the following

paragraph. The petition is filed pursuant to Texas Government Code, Section

411.081.

1. The Underlying Order of Deferred Adjudication

Petitioner pleaded __________________ in this Court to the offense of

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_____________________________________________________________. This Court

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placed Petitioner on deferred adjudication community supervision pursuant to Texas

Code of Criminal Procedure, article 42.12, Section 5(a). A copy of this Court’s “Order of

Deferred Adjudication” ____ attached to this Petition. The term of Petitioner’s period of

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deferred adjudication began on _________________________________ and ended on

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__________________________________________________________.

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2. The Order of Dismissal and Discharge

This Court did not proceed to an adjudication of guilt. Accordingly, this Court

dismissed the proceedings against Petitioner and discharged Petitioner as required by

Texas Code of Criminal Procedure, article 42.12, Section 5(c). A copy of this Court’s

“Order of Dismissal and Discharge” ____ also attached to this Petition. The date of this

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Order is _____________________________.

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3. An Order of Nondisclosure may be Issued for this Type of Offense

As shown in the attached Order of Deferred Adjudication, the offense is:

(1) a violation of _____________________________________________;

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(2) ____ an offense under Texas Penal Code, Sections 19.02, 19.03,

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20.04, 22.04, 22.041, 25.07, or 42.072;

(3) ____ an offense requiring registration as a sex offender under Texas

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Code of Criminal Procedure, Chapter 62; and

(4) ____ an offense involving family violence as defined by Texas Family

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Code, Section 71.004.

Accordingly, an Order of Nondisclosure may be issued for this type of offense.

See

Texas Government Code, Section 411.081.

4. Petitioner has no Disqualifying Criminal History

Petitioner has _______been convicted of, or placed on deferred

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adjudication for, any of the following offenses:

(1) an offense under Texas Penal Code, Sections 19.02, 19.03, 20.04,

22.04, 22.041, 25.07, or 42.072;

(2) an offense requiring registration as a sex offender under Texas

Code of Criminal Procedure, Chapter 62; or

(3) an offense involving family violence as defined by Texas Family

Code, Section 71.004.

Accordingly, Petitioner is not disqualified from filing this Petition because of

Petitioner’s criminal history.

5. Date Petitioner is First Eligible to File Petition

The offense is a __________________________________________________.

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Therefore, the earliest date Petitioner is eligible to file this Petition is

___________________________________________________ date of the Order of

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Dismissal and Discharge. This “eligible-to-file” date is __________________________.

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6. Petitioner has no Disqualifying Offenses during Relevant Time Period

Petitioner may file this Petition only if Petitioner was not convicted of, or placed

on deferred adjudication for, “disqualifying” offenses during a “relevant” time period.

The disqualifying offenses include all criminal offenses other than fine-only offenses

under the Texas Transportation Code. The relevant time period begins on the date

Petitioner was placed on deferred adjudication (_____________________), and ends

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on the eligible-to-file date, (__________________________). Petitioner was not

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convicted of, or placed on deferred adjudication for, any specified offense during the

relevant time period.

7. 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 pursuant to Texas Government Code, Section 411.081(d), (e)

if the person:

(a) has been placed on deferred adjudication for a particular offense (

see

Paragraph 1 of this Petition);

(b) subsequently receives a discharge and dismissal (

see

Paragraph 2 of

this Petition);

(c) was placed on deferred adjudication for an offense for which an order

of nondisclosure may be issued (

see

Paragraph 3 of this Petition);

(d) has no disqualifying offenses in his or her criminal history (

see

Paragraph 4 of this Petition);

(e) has waited the requisite amount of time to file the Petition (

see

Paragraph 5 of this Petition); and

(f) has not committed any disqualifying offenses between during a

statutorily-specified relevant time period (

see

Paragraph 6 of this

Petition).

8. 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.

9. The Fee to File the Petition has been Paid or Otherwise Satisfied

The fee to file this Petition is the total amount to file a general civil lawsuit in this

Court plus an additional $28.00. Petitioner has included

________________________________________________________ with this Petition.

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10. Prayer for Relief

Petitioner prays that this Court determine that Petitioner is entitled to file this

Petition. Petitioner also prays that this Court determine that an Order of Nondisclosure

is in the best interest of justice. Finally, Petitioner prays that upon making the two

foregoing determinations, this Court issue an Order of Nondisclosure as required by

Texas Government Code, Section 411.081(d).

Respectfully submitted,

________________________________

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________________________________

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________________________________

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________________________________

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________________________________

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OCA Model Form

September 1, 2013

Fill Online, Printable, Fillable, Blank Petition for Order of Nondisclosure (Texas Secretary of State) Form

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Fillable Petition for Order of Nondisclosure (Texas Secretary of State)

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