Texas Motions For Non Disclosure 101
In Texas if you are not eligible to have an arrest expunged, you may be eligible for a Motion for Non Disclosure. I received many phone calls from people looking to clean up their record. However, expunctions are a very limited option. For most, a MFND is the only option available.
What is a Motion for Non Disclosure?
An MFND allows an individual to deny arrest or prosecution for which public information exists unless they are being prosecuted for a subsequent offense.
Who is eligible for a MFND?
A person who has pled guilty or no contest, received deferred adjudication, and has been successfully discharged from probation (the charges have been dismissed. However, even then some people are not eligible.
There is also a waiting period between 0-5 years depending on the offense (h/t Mark).
Who is not eligible?
Sex offenders, those who are convicted of another offense, kidnappers, murderers, family violence offenders, et al.
What is the process?
Call an attorney. Basically a petition is filed and a hearing is held to determine if a MFND is warranted.
What happens if the court grants it?
A whole slew of Texas agencies are forbidden from disclosing the information to the public. The records are eventually sealed by DPS.
Wait a minute, if my information is already on PublicData.com or another background check site, how does an MFND help?
Good question. After an MFND is granted these entities can be fined for releasing the information.