Dallas, TX asked in Criminal Law for Texas

Q: can I get a non disclosure agreement?

I have a class A misdemeanor assault causing bodily injury from 2015. The victim is now in prison for assault with a deadly weapon. Which no one believed happened to me at the time due to lack of evidence that I was attacked. I did defend myself that’s why I pled guilty to assault. The victim was arrested during my court hearings so she could not come in to testify or drop the chargers. I just wanna be able to find a job without the dismissals due to my one time offense. In my entire life. The case was not dismissed I was charged with a lesser charge. The judgement of conviction by court is assault statue 22.01. I just want an answer on if I qualify for it or not. Any info you need I will continue to add when asked.

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5 Lawyer Answers
Herman Martinez
Herman Martinez
PREMIUM
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: If your case was dismissed you qualify for something better than a non a disclosure. It is called an expungement. It is better because the Government will ordered to remove and destroy all your records pertaining to that arrest. A non disclosure allows the Government to keep your records, but keeps it from the public.

1 user found this answer helpful

Jose M. Rocha
Jose M. Rocha
Answered
  • Criminal Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: You may petition for an order of non-disclosure to seal records of an arrest and its corresponding judicial process that resulted in you being placed in deferred adjudication probation (community supervision). If you completed the probation successfully, and after the requisite statutory waiting period has been satisfied, then you may petition for an order of non-disclosure. An order of non-disclosure does not destroy the records, but rather secures them under seal to prevent the public and private agencies from discovering these records. Nonetheless, the records continue to be available to both state and federal law enforcement agencies, as well other government administrative state and federal agencies. You should contact an attorney to discuss your situation and check if you qualify to file for an order of non-disclosure.

Gary D. Peak
Gary D. Peak
Answered
  • Criminal Law Lawyer
  • Eastland, TX
  • Licensed in Texas

A: I apparently don't read your question as the other two attorney's do. It sounds like you were charged with felony assault, pled guilty and were "convicted" of a misdemeanor assault. If that is correct, you cannot do anything to remove the conviction, other than possibly getting a sworn statement from the accuser saying it didn't happen, or you only defended yourself after they attacked you. But, even then you would have to hire an attorney to appeal under an actual innocence claim.

If you got deferred on the charge you pled guilty to, you can file for nondisclosure.

1 user found this answer helpful

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: What was the final disposition of the case (not the plea you entered, but the judgment entered by the Court)? Was there a finding of domestic violence? Call an attorney in the county where the case was pending. Good luck.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If a judgement of conviction was entered then expunction is NOT an option unless you are pardoned by the Governor of Texas or the case is overturned on appeal.

Nondisclosure is also NOT an option if the alleged victim was a family member, someone you dated, or a roommate. You lose eligibility for nondisclosure even without an "Affirmative Finding of family violence. Texas Government Code Government Code 411.074(b)(1)(D)

They types of relationships that disqualify an assault defendant from nondisclosure are listed here:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm#71.004

1 user found this answer helpful

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