Q: Does Habeas relief extend to Texas' provision to pet. for order of non-disclosure of Crim Hist. (Tx Govt 411.081)

following discharge from community superv./deferred adj. (Tx Govt code Art. 42A.106b) (assuming Strickland is met and 11.073 collateral consequences are sufficient enough to meet 'confinement' standard) addtl background: i was denied an order for non-disclosure under (411.081) because i didn't meet the particular requirement at (411.074a), '..during the time period after commencement of community supervision/def adj. (for offense at issue), there can be no subsequent charges resulting in a conviction or placement on comm sup/def adj .' So, as a result of counsel's mishandling, i.e., failing to motion to join/consolidate my two drug possession charges (from the same arrest) into a single pleading, instead of pleading separately--different courts, on different dates--about a month apart--i wound up running afoul of provision 411.074a and thereby xxxx an otherwise legit petition (i petitioned on both offenses and was granted an order on the second one)

1 Lawyer Answer
John Cucci Jr.
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  • Criminal Law Lawyer
  • Houston, TX

A: I have not seen any caselaw that will allow what you are seeking. Once you are not "actually confined" it is almost impossible to get habeas relief. You could litigate and appeal the issue but I do not see you being successful without a showing of signifigant or real confinment or other restriction on liberty.

Good luck if you pursue it. I would like to see this one through.

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