(a) Except as provided by § 552.142, Government Code, a record in the custody of the court clerk regarding a case in which a defendant is granted deferred adjudication community supervision is not confidential.
(b) Before placing a defendant on deferred adjudication community supervision, the court shall inform the defendant of the defendant’s right to receive or petition the court for an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, Government Code, as applicable, unless the defendant is ineligible for an order because of:
(1) the nature of the offense for which the defendant is placed on deferred adjudication community supervision; or
(2) the defendant’s criminal history.