Texas: Adult Diversion/Deferral Program (TX-D-8)

Records relating to a case dismissed following successful completion of deferred adjudication community supervision can be shielded by an order of nondisclosure one year after dismissal and discharge if the person committed the offense solely as a victim of human trafficking. Tex. Gov't Code § 411.0728.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

Petition-based

Remedy

Shield

Ineligible Category or Citation

This section only applies to offenses listed in Tex. Gov't Code § 411.0728(a).

Procedure General

The petition is to be filed in the court that handled the case, unless multiple offenses are involved, in which case the person can request consolidation in a district court in the county where the person was most recently placed on deferred adjudication community supervision. For the specific procedure, see Tex. Gov't Code § 411.0728.

Fees

Various fees may apply, see Tex. Gov't Code § 411.0745.

Effect

The person is not required in any application for employment or licensing to state that the person has been the subject of any criminal proceeding that is the subject of the order. Tex. Gov't Code § 411.0755.

Forms

Order of nondisclosure forms can be found here.

Waiting Periods

The petition can be filed one year after dismissal and discharge.

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