Texas Fresh Start

SPECIAL NOTICE: As of September 1st 2005 the wait times for an order of non-disclosure have been lowered!  All 10 year waits have been lowered to 5 years, and all 5 year waitshave been lowered to 2 years!  The chart below already reflects these new wait times.  These first ones listed have no wait time at all!

Misdemeanors that qualify for nondisclosure immediately after completion and dismissal of deferred adjudication community supervision:

Chapter 28 Criminal Mischief, and other Property Damage or Destruction

28.03 Criminal Mischief if loss less than $1,500
28.04 Reckless Damage or Destruction
28.07 Interference w/ Railroad Property
28.08 Graffiti if Pecuniary Loss is Less than $1,500

Chapter 30 Burglary & Criminal Trespass

30.03 Burglary of Coin-Operated or Coin Collection Machines
30.04 Burglary of Vehicles
30.05 Criminal Trespass
30.06 Criminal Trespass by Holder of License to Carry Concealed Handgun

Chapter 31 Theft

31.03 Theft
31.04 Theft of Service
31.11 Tampering with Identification
31.12 Theft of or Tampering with Multi-channel Video
31.13 Manufacture, Distribution, or Advertisement of Multi-channel Video
31.14 Sale or Lease Multi-channel Video
31.15 Possession, Manufacture, Distribution of Certain Instruments used to Commit Retail Theft

Chapter 32 Fraud, Forgery, Credit Card Abuse, IBC, SEDD, ID theft, etc.

32.21 Forgery
32.22 Criminal Simulation
32.24 Stealing or Receiving Stolen Check or Similar Sight Order
32.32 False Statement to Obtain Property or Credit
32.33 Hindering Secured Creditors
32.34 Fraudulent Transfer of Motor Vehicle
32.35 Credit Card Transaction Record Laundering Deceptive Practices
32.41 Issuance of a Bad Check
32.42 Deceptive Business Practices
32.44 Rigging Publicly Exhibited Contest
32.441 Illegal Recruitment of an Athlete
32.45 Misapplication of Fiduciary Property or Property of Financial Institution
32.46 Securing Execution of Document by Deception
32.47 Fraudulent Destruction, Removal, or Concealment of Writing
32.48 Simulating Legal Process
32.49 Refusal to Execute Release of Fraudulent Lien or Claim
32.50 Deceptive Preparation and Marketing of Academic Report

Chapter 33 Computer Crimes, Telecommunication crimes

33.02 Breach of Computer Security
33A.02 Unauthorized Use of Telecommunications Service
33A.04 Theft of Telecommunications Service
33A.05 Publication of Telecommunications Access Devise

Chapter 35 Insurance Fraud

35.02 Insurance Fraud

Chapter 36 Corrupt Influence

36.03 Coercion of Public Servant or Voter
36.04 Improper influence
36.07 Acceptance of Honorarium
36.08 Gift to Public Servant
36.09 Offering Gift to Public Servant

Chapter 37 Perjury and Other Falsification

37.02 Perjury
37.08 False Report to Police Officer or Law Enforcement Employee
37.081 False Report Regarding Missing Child or Missing Person
37.09 Tampering with or Fabricating Physical Evidence
37.10 Tampering with Governmental Record
37.101 Fraudulent Filing of Financing Statement
37.12 False Identification as a Peace Officer
37.13 Record of Fraudulent Court

Chapter 38 Obstructing Governmental Operations

38.02 Failure to ID
38.03 Resisting Arrest, Search, or Transportation
38.04 Evading Arrest or Detention
38.05 Hindering Apprehension or Prosecution
38.06 Escape
38.07 Permitting or Facilitating Escape
38.10 Bail Jumping and Failure to Appear
38.111 Improper Contact with Victim
38.112 Failure to Report a Felony [New Law]
38.12 Barratry and Solicitation of Professional Employment
38.123 Unauthorized Practice of Law
38.13 Hindering Proceedings By Disorderly Conduct
38.15 Interference with Public Duties
38.151 Interference with Service Animals
38.16 Preventing Execution of Civil Process
38.17 Failure to Stop or Report Aggravated Sexual Assault of Child
38.18 Use of Accident Report Information & Other Information for Pecuniary Gain
38.19 Failure to Provide Notice and Report of Death of Resident of Institution

Chapter 39 Abuse of Office

39.02 Abuse of Official Capacity
39.03 Official Oppression
39.04 Violation of Civil Rights of Person in Custody
39.05 Failure to Report Death of Prisoner
39.06 Misuse of Official Information

Chapter 43 Public Indecency: Prostitution, Obscenity

43.02 Prostitution
43.03 Promotion of Prostitution
43.22 Obscene Display or Distribution
43.23 Obscenity
43.24 Sale, Distribution, or Display of Harmful Material to Minor
43.251 Employment Harmful to Children

Chapter 47 Gambling

47.02 Gambling
47.03 Gambling Promotion
47.04 Keeping a Gambling Place
47.05 Communicating Gambling Information
47.06 Possession of Gambling Device, Equipment, or Paraphernalia

Chapter 48 Conduct affecting Public Health

48.01 Smoking Tobacco
48.015 Prohibitions Relating to Certain Cigarettes
48.02 Prohibition of the Purchase or Sale of Human Organs
Chapter 49 Intoxication and Alcoholic Beverage Offenses
49.02 Public Intoxication
49.031 Possession of Alcohol in a Motor Vehicle
49.04 Driving While Intoxicated
49.065 Assembling or Operating an Amusement Ride while Intoxicated

Chapter 71 Organized Crime

71.021 Violation of Court Order Enjoining Criminal Activity And misdemeanors under the Controlled Substance Act Section 481/001 et seq.

Misdemeanors that qualify for nondisclosure TWO years after completion and dismissal of deferred adjudication community supervision (Chapters 20 [Kidnapping and unlawful restraint], 21 [Sexual Offenses], 22 [Assaultive  Offenses], 25 [Offenses against the Family], 42 [Disorderly Conduct and related offenses], and 46 [Weapons])

Chapter 20 Unlawful Restraint

20.02 Unlawful restraint

Chapter 21 Sexual Offenses

21.06 Homosexual Conduct [unconstitutional]
21.07 Public Lewdness
21.08 Indecent Exposure [2nd offense requires sex offender registration: not eligible for nondisclosure]

Chapter 22 Assaultive Offenses

22.01 Assault [but not against PO or family member or member of household]
22.05 Deadly Conduct
22.07 Terroristic Threat
22.08 Aiding Suicide
22.10 Leaving a Child in a Vehicle
22.11 Harassment by Persons in Certain Correctional Facilities

Chapter 25 Offenses Against the Family

25.01 Bigamy
25.04 Enticing a Child
25.06 Harboring a Runaway Child
25.071 Violation of Protective Order Preventing Offense Caused by Bias or Prejudice [§25.07 Regular Violation of Protective Order is NEVER eligible]
25.09 Advertising for Placement of Child

Chapter 42 Disorderly Conduct and Related Offenses

42.01 Disorderly Conduct
42.02 Riot
42.03 Obstructing Passageway
42.05 Disrupting Meeting or Procession
42.06 False Alarm or Report
42.07 Harassment
42.08 Abuse of Corpse
42.09 Cruelty to Animals
42.10 Dog Fighting
42.11 Destruction of Flag
42.12 Discharge of Firearm in Certain Municipalities
42.13 Use of Laser Pointers [new law]

Chapter 46 Weapons

46.02 Unlawfully Carrying a Weapon
46.04 Unlawful Possession of a Firearm
46.05 Prohibited Weapon
46.06 Unlawful Transfer of Certain Weapons
46.08 Hoax Bomb
46.13 Making a Firearm Accessible to a Child

Ineligible for nondisclosure if previously convicted or placed on deferred adjudication for:

• an offense requiring sex offender registration under Chapter 62
• an offense under §20.04 (aggravated kidnapping)
• an offense under §19.02 [Murder], §19.03 [Capital Murder], §22.04 [injury to a child, elderly individual, or disabled individual], §22.041 abandoning or endangering child], §25.07 violation of protective order or magistrate's order], §42.072 [Stalking]; or
• any other offense involving family violence as defined by §71.004 of the Family Code.

All felonies

5 years from date of discharge and dismissal.