QUESTION
What is the Texas Government Code - Section 411.081(i) all about?
Asked on May 06th, 2013 on Criminal Law - Texas
More details to this question:
(i) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under Subsection (d) (deferred ajudication) to the following noncriminal justice agencies or entities only: As it pertains to an administrative hearing to revoke a nurse's license, does this exception to an order of nondisclosure apply only to cases of deferred adjudication? Or can this exception also extend to an arrest record associated with a charged that has been dismissed at trial?
2 ANSWERS
Administrative and Public Attorney serving Houston, TX
at
Eutsler Law Firm
Update Your Profile
A dismissed case does not fall under 481.011(i). It can be expunged under a totally different procedure. Until a dismissed case is expunged, it remains visible as part of your criminal history.
Answered on May 09th, 2013 at 3:06 PM
3 Awards
If it is dismissed at trial, then you qualify and need to file an expunction. Once expunged you can legally deny every being arrested. But if you got deferred and then had it sealed with a petition for nondisclosure, state nursing agencies will still be able to see the charge even though it was sealed. Expunction is way better then sealing with a petition for non disclosure.
Answered on May 09th, 2013 at 2:36 PM