Asked 1/21/2016 – Angleton, TX

I wanted to get legal advice regarding an order of non disclosure. 13 years ago I was put on deferred adjudication probation for class b theft. I successfully completed it and obtained an order of non disclosure in 2010. Last year in 2015 I was arrested again and charged with another class b theft charge. The court has offered me a reduction of the class b to a class c (with a guilty plea plus a fine/ no jail or probation) or a class b deferred adjudication probation for 1 year. If i choose to do the class b deferred adjudication probation and successfully complete it, what are my chances of obtaining a 2nd order of non disclosure for the 2nd theft offense. My biggest worry is that i successfully complete the DA probation and that the judge or prosecutor will deny my order of non disclosure because it is the 2nd order of non disclosure for the same offense. I also wanted to know if my order of non disclosure is denied, can i appeal it? If so, how many times?

Answer

There is nothing in the law that prevents you from obtaining a 2nd order of non-disclosure, should you successfully complete the 2nd deferred adjudication probation. Non-disclosures are discretionary by the court, however, and it is not GUARANTEED that a 2nd order of non-disclosure would be granted. Your best hope is to have a notation made in the plea papers filed with the court the the DA has no objection to a non-disclosure upon successful completion of probation.