(a) This section applies only to a person who:
(1) is convicted of a misdemeanor other than a misdemeanor under § 106.041, Alcoholic Beverage Code, § 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, Penal Code; and
(2) is not eligible for an order of nondisclosure of criminal history record information under § 411.073.
(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who completes the person’s sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed, may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person:
(1) satisfies the requirements of this section and § 411.074; and
(2) has never been previously convicted of or placed on deferred adjudication community supervision for another offense other than a traffic offense that is punishable by fine only.

Terms Used In Texas Government Code 411.0735

  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(c) Except as provided by Subsection (c-1), after notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted.
(c-1) A court may not issue an order of nondisclosure of criminal history record information under this section if the court determines that the offense for which the order is sought, other than an offense under § 22.01, Penal Code, was violent or sexual in nature.
(d) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section only on or after:
(1) the date of completion of the person’s sentence, if the offense of which the person was convicted was a misdemeanor punishable by fine only; or
(2) the second anniversary of the date of completion of the person’s sentence, if the offense of which the person was convicted was a misdemeanor other than a misdemeanor described by Subdivision (1).

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