Can deferred adjudication records be made non-public by request?
Yes, in some instances. There are two ways that deferred adjudication community supervision records can be made non-public: • Class C deferred adjudications – By filing an expunction under Article 45.051(e), Code of Criminal Procedure (if the Class C deferred adjudication was imposed in justice court or municipal court); or by filing an expunction under Article 55.01(a)(2), Code of Criminal Procedure (if the Class C deferred adjudication was imposed in county or district court). Expunction is NOT available for deferred adjudication sentences for Class B, Class A, or felony offenses. • Petition for nondisclosure – Under Section 411.081(d), Government Code, a court can prohibit criminal agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. there are many offenses, however, for which this procedure is unavailable. Moreover, a defendant may be disqualified if he commits an offense a
