Instructions for Completing the Model Petition for Order of

Rev. 9/13

Office of Court Administration

Instructions for Completing the Model

Petition for Order of Nondisclosure

(1) Please leave this blank. This number is not the number of your criminal

case. A new civil case is created by filing this petition. This new case

will be assigned a new cause number by the clerk of the court when the

clerk receives your petition. The clerk will enter the new cause number in

this space.

(2) Please enter the name of the court in which you are filing this petition.

You must file this petition in the court that placed you on deferred

adjudication. The name of the court is shown on the top of your order

of deferred adjudication.

(3) Please enter your name as shown in your order of deferred adjudication.

(4) Please enter the name of the county in which the court is situated. This

will be the same county as shown on your order of deferred adjudication.

(5) Please enter your name as you did in (3) above.

(6) Please enter either “guilty” or “nolo contendere” as shown on your order

of deferred adjudication under Plea to Offense.

(7) Please enter the offense shown on your order of deferred adjudication

under Offense.

(8) Please enter the word “is” if you are attaching your order of deferred

adjudication. Please enter the words “is not” if you are not attaching

your order of deferred adjudication.

(9) Please enter the date shown under Date Order Entered on your order of

deferred adjudication.

(10) Please enter a date here that is calculated by starting with the date in (9)

above. Add the Period of Supervision as shown on your order of deferred

adjudication to the date shown in (9). Then subtract one day. This is

the date to enter.

Rev. 9/13

For example, if your starting date (shown in (9) above) is January 1,

2010 and the period of supervision is 3 years, then add 3 years to the

January 1, 2010 date. This gives you a date of January 1, 2013.

Subtract one day. This gives you a date of December 31, 2012. This

would be the date to enter.

(11) Please enter the word “is” if you are attaching your order of dismissal

and discharge. Please enter the words “is not” if you are not attaching

your order of dismissal and discharge.

(12) Please enter the date shown on your order of dismissal and discharge.

(13) Please enter the Statute for Offense as shown on your order of deferred

adjudication.

(14) Please enter the word “not” unless the statute you listed in (13) is Section

19.02, 19.03, 20.04, 22.04, 22.041, 25.07 or 42.072 of the Texas Penal

Code. If the statute you listed in (13) is one of the foregoing statutes,

you are not entitled to file a petition for order of nondisclosure.

(15) Please enter the word “not” unless the offense for which you were placed

on deferred adjudication required you to register as a sex offender. Your

order of deferred adjudication will show whether sex offender registration

requirements do or do not apply to you. If sex offender registration

requirements apply to you, then you are not entitled to file a petition for

an order of nondisclosure.

(16) Please enter the word “not” unless the offense for which you were placed

on deferred adjudication involved family violence. You can tell whether

the offense involved family violence by looking at your order of deferred

adjudication. If the offense involved family violence, there will be a

special order on your order of deferred adjudication saying so. This

special order would be set out just above the judge’s signature. If the

offense involved family violence, then you are not entitled to file a

petition for an order of nondisclosure.

(17) Please enter the word “never” unless you have previously been convicted

of (or placed on deferred adjudication for) an offense:

Rev. 9/13

(a) under Section 19.02, 19.03, 20.04, 22.04, 22.041, 25.07 or

42.072 of the Texas Penal Code;

(b) requiring registration as a sex offender; or

(c) involving family violence.

(18) Please look at the section of your order of deferred adjudication entitled

Degree of Offense. If the degree of offense is listed as a felony, then

enter the word “felony.” If the degree of offense is listed as a

misdemeanor, then look at the statute you listed in (13) above. Is the

listed statute is found in Chapter 20, 21, 22, 25, 42, or 46 of the Penal

Code? If so, then enter “misdemeanor under Chapter 20, 21, 22, 25, 42,

or 46, Penal Code.” If not, then enter “misdemeanor other than a

misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code.”

Please note: The number of a statute consists of a chapter

reference and a section reference. So a statute such as

Penal Code, Section 20.03 refers to Chapter 20 and Section

3 within that chapter. If this were the statute you listed in

(13) above, then this would be a misdemeanor under Chapter

20 of the Penal Code. Please be aware that not all

violations of the law are found in the Penal Code. Some

violations are found in other codes such as the Agriculture

Code or the Transportation Code.

(19) If your response in (18) is “felony,” then please enter “the fifth anniversary

of the.” If your response is “misdemeanor under Chapter 20, 21, 22, 25,

42, or 46, Penal Code,” then enter “the second anniversary of the.” If

your response is “misdemeanor other than a misdemeanor under Chapter

20, 21, 22, 25, 42, or 46, Penal Code,” then enter the word “the.”

(20) Please enter the date calculated by adding your entry in (19) to the date

of your order of dismissal and discharge.

For example, assume you entered “the second anniversary

of” in (19) and the date of your order of dismissal and

discharge is March 1, 2008. You would then enter March 1,

2010. As a further example, suppose you entered “the” in

Rev. 9/13

(19) and the date of your order of dismissal and discharge

is March 1, 2008. You would then enter March 1, 2008.

(21) Please enter the same date you entered in (9) above.

(22) Please enter the same date you entered in (20) above.

(23) There is a filing fee associated with filing a petition for order of

nondisclosure. The filing fee is the amount of the court’s regular civil

filing fee plus an additional $28.00. Typically, the total filing fee is about

$280.00. But the amount varies from county to county. You may contact

the clerk of the court in which you are filing this petition to learn the

amount of the total filing fee.

As a general rule, you must pay the filing fee in order to file

this petition. However, you may be eligible to file an affidavit

of indigency in lieu of paying the filing fees. The affidavit of

indigency is described in Texas Rule of Civil Procedure 145.

You may view Rule 145 online at

http://www.supreme.court.state.tx.us/rules/trcp/trcp_part_2.pdf.

You can find a fill-in-the-blank affidavit-of-indigency form at:

http://www.courts.state.tx.us/jcit/Efiling/IndigencyForm.doc.

Please enter “the required filing fee” if you will be paying the filing fee. If

you are instead filing an affidavit of indigency, please enter “an affidavit

of indigency in lieu of paying filing fees.”

(24) Please sign above the line. If you are filing this Petition electronically,

you may enter “/s/” followed by your typewritten name.

(25) Please enter your name.

(26) Please enter your mailing address.

(27) Please enter your city, state and zip code.

(28) Please enter your telephone number.

Cause No. _________________

(1)

In the Matter of § In the

§ _________________________

(2)

_________________________________ § _____________ County, Texas

(3) (4)

Petition for Order of Nondisclosure

_____________________________________ (“Petitioner”) respectfully petitions

(5)

this Court for an Order of Nondisclosure regarding the offense detailed in the following

paragraph. The petition is filed pursuant to Texas Government Code, Section

411.081.

1. The Underlying Order of Deferred Adjudication

Petitioner pleaded __________________ in this Court to the offense of

(6)

_____________________________________________________________. This Court

(7)

placed Petitioner on deferred adjudication community supervision pursuant to Texas

Code of Criminal Procedure, article 42.12, Section 5(a). A copy of this Court’s “Order of

Deferred Adjudication” ____ attached to this Petition. The term of Petitioner’s period of

(8)

deferred adjudication began on _________________________________ and ended on

(9)

__________________________________________________________.

(10)

2. The Order of Dismissal and Discharge

This Court did not proceed to an adjudication of guilt. Accordingly, this Court

dismissed the proceedings against Petitioner and discharged Petitioner as required by

Texas Code of Criminal Procedure, article 42.12, Section 5(c). A copy of this Court’s

“Order of Dismissal and Discharge” ____ also attached to this Petition. The date of this

(11)

Order is _____________________________.

(12)

3. An Order of Nondisclosure may be Issued for this Type of Offense

As shown in the attached Order of Deferred Adjudication, the offense is:

(1) a violation of _____________________________________________;

(13)

(2) ____ an offense under Texas Penal Code, Sections 19.02, 19.03,

(14)

20.04, 22.04, 22.041, 25.07, or 42.072;

(3) ____ an offense requiring registration as a sex offender under Texas

(15)

Code of Criminal Procedure, Chapter 62; and

(4) ____ an offense involving family violence as defined by Texas Family

(16)

Code, Section 71.004.

Accordingly, an Order of Nondisclosure may be issued for this type of offense.

See

Texas Government Code, Section 411.081.

4. Petitioner has no Disqualifying Criminal History

Petitioner has _______been convicted of, or placed on deferred

(17)

adjudication for, any of the following offenses:

(1) an offense under Texas Penal Code, Sections 19.02, 19.03, 20.04,

22.04, 22.041, 25.07, or 42.072;

(2) an offense requiring registration as a sex offender under Texas

Code of Criminal Procedure, Chapter 62; or

(3) an offense involving family violence as defined by Texas Family

Code, Section 71.004.

Accordingly, Petitioner is not disqualified from filing this Petition because of

Petitioner’s criminal history.

5. Date Petitioner is First Eligible to File Petition

The offense is a __________________________________________________.

(18)

Therefore, the earliest date Petitioner is eligible to file this Petition is

___________________________________________________ date of the Order of

(19)

Dismissal and Discharge. This “eligible-to-file” date is __________________________.

(20)

6. Petitioner has no Disqualifying Offenses during Relevant Time Period

Petitioner may file this Petition only if Petitioner was not convicted of, or placed

on deferred adjudication for, “disqualifying” offenses during a “relevant” time period.

The disqualifying offenses include all criminal offenses other than fine-only offenses

under the Texas Transportation Code. The relevant time period begins on the date

Petitioner was placed on deferred adjudication (_____________________), and ends

(21)

on the eligible-to-file date, (__________________________). Petitioner was not

(22)

convicted of, or placed on deferred adjudication for, any specified offense during the

relevant time period.

7. Petitioner is Entitled to File a Petition for an Order of Nondisclosure

Petitioner is entitled to file this Petition because Petitioner has satisfied each of

the requirements necessary to be so entitled. A person is entitled to file a petition for

an order of nondisclosure pursuant to Texas Government Code, Section 411.081(d), (e)

if the person:

(a) has been placed on deferred adjudication for a particular offense (

see

Paragraph 1 of this Petition);

(b) subsequently receives a discharge and dismissal (

see

Paragraph 2 of

this Petition);

(c) was placed on deferred adjudication for an offense for which an order

of nondisclosure may be issued (

see

Paragraph 3 of this Petition);

(d) has no disqualifying offenses in his or her criminal history (

see

Paragraph 4 of this Petition);

(e) has waited the requisite amount of time to file the Petition (

see

Paragraph 5 of this Petition); and

(f) has not committed any disqualifying offenses between during a

statutorily-specified relevant time period (

see

Paragraph 6 of this

Petition).

8. Issuance of an Order of Nondisclosure is in the Best Interest of Justice

The issuance of an Order of Nondisclosure in this case would be in the best

interest of justice.

9. The Fee to File the Petition has been Paid or Otherwise Satisfied

The fee to file this Petition is the total amount to file a general civil lawsuit in this

Court plus an additional $28.00. Petitioner has included

________________________________________________________ with this Petition.

(23)

10. Prayer for Relief

Petitioner prays that this Court determine that Petitioner is entitled to file this

Petition. Petitioner also prays that this Court determine that an Order of Nondisclosure

is in the best interest of justice. Finally, Petitioner prays that upon making the two

foregoing determinations, this Court issue an Order of Nondisclosure as required by

Texas Government Code, Section 411.081(d).

Respectfully submitted,

________________________________

(24)

_________________________________________________

(25)

_________________________________________________

(26)

_________________________________________________

(27)

_________________________________________________

(28)

OCA Model Form

Septemer 1, 2013