June 27, 2016

Asked 6/24/2016 – Houston, TX

I am almost complete with my probation and I want to know what I can do if anything at all to get my record sealed so that when my background gets checked by apartments they can’t see it. I have a class b misdemeanor and my probation ends in September. I was originally told by my lawyer that getting deferred was good in my case and that I would be able to get my record sealed when I completed it but now I don’t know if that is true. I committed this crime in Harris county

Answer

If you successfully complete your deferred adjudication probation and your case is dismissed, you will be able to petition the court for an order for non-disclosure. In most misdemeanor cases, the petition can be filed immediately after the dismissal, but for some type of charges there is a 2 year waiting period after the date of the dismissal before a petition for non-disclosure can be filed. Speak with your attorney after your probation is completed about when the petition can be filed.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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