Cause No. ________________

                                ,	§		IN THE ___________ COURT
Petitioner	§
§
	v.	§		COURT DESIGNATION
State of Texas,	§
Respondent	§		 _______________ COUNTY, TX

MOTION FOR NONDISCLOSURE OF CRIMINAL HISTORY RECORD

	NOW COMES,                           , Petitioner in the above-styled and numbered cause, by and through her attorney of record, and files this Motion for Nondisclosure of Criminal History Record, pursuant to Tex.Gov’t Code § 411.081(d), et seq., and would respectfully show the Court the following:

	On ________________, Petitioner entered into a plea agreement with the State, whereby Petitioner agreed to enter a plea of guilty to the offense of                                 , a Class _____ Misdemeanor.

	The Court deferred further proceedings without entering an adjudication of guilt, and placed Petitioner under the supervision of the Court for a period of __________________; and

	After having successfully served the period of supervision, the Court dismissed the proceeding, and Petitioner has been discharged.  The date of discharge was _________________.

II.

	A. Petitioner has not been convicted of or placed on deferred adjudication community supervision under Tex.Code Crim.Pro. Art. 42.12 § 5 after his discharge, for any offense other than an offense under the Transportation Code punishable by fine only.

B. Petitioner has not been previously convicted or placed on deferred adjudication for:

(1) an offense requiring registration as a sex offender under Chapter 62 of the Code of Criminal Procedure;

(2) an offense under Tex. Penal Code § 20.04 (Aggravated Kidnaping), regardless of whether the offense is a reportable conviction of adjudication for purposes of Chapter 62 of the Code of Criminal Procedure;

(3) an offense under Tex. Penal Code, § 19.02 (Murder), § 19.03 (Capital Murder), § 22.04 (Injury to a Child, Elderly Individual or Disabled Individual), § 22.041 (Abandoning or Endangering a Child), § 25.07, or § 42.072 (Stalking); or

	(4) any other offense involving family violence, as defined by Family Code § 71.004.

III.

	Petitioner’s Motion is brought in the interest of justice.

	WHEREFORE, PREMISES CONSIDERED, Petitioner prays this Court to set this Motion for a hearing, and after conducting said hearing, to issue an Order of Nondisclosure of the criminal history in this cause to the Crime Records Division of The Texas Department of Public Safety.  Petitioner further prays that the Department of Public Safety send a copy of the Court’s Order, by mail or electronic means, to all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order.

							 Respectfully submitted,

							_________________________
							Name:
							State Bar No.
							Address:
							City, State, Zip
							Telephone:
							Fax:
							e-mail:

CERTIFICATE OF SERVICE

	I hereby certify that a copy of the above and foregoing was hand delivered to the District Attorney's Office on __________________________________.

                                                                           	
Attorney for Petitioner

Cause No. ________________

                                ,	§		IN THE ___________ COURT
Petitioner	§
§
	v.	§		COURT DESIGNATION
State of Texas,	§
Respondent	§		 _______________ COUNTY, TX

ORDER

	CAME ON TO BE HEARD THIS DATE, Petitioner’s Motion for Nondisclosure of Criminal Records, in the above styled and numbered cause.  After hearing Petitioner’s arguments, the Court makes the following ruling:
						
	                       The Motion is Granted

	The Court hereby issues an Order of Nondisclosure of the Petitioner’s Criminal History Record in Cause #                         , in the County Court at Law                            County, to the Crime Records Division of The Texas Department of Public Safety.

	Further, the Department of Public Safety is ordered to send a copy of the Court’s Order, by mail or electronic means, to all law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state, and to all central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of this order.

	                      The Motion is Denied.

	IT IS SO ORDERED, this date,                                           , 20 ___ .

							                                                                       
							Judge Presiding

									

Cause No. ________________

                                ,	§		IN THE ___________ COURT
Petitioner	§
§
	v.	§		COURT DESIGNATION
State of Texas,	§
Respondent	§		 _______________ COUNTY, TX

ORDER SETTING HEARING

	Petitioner’s Motion for Nondisclosure of Criminal History Record is set for hearing on _____________, 20_____at _________, in the courtroom of the County Court at Law, _____________ County Courthouse, Lubbock, Texas.
Signed on __________________, 20_____.

                                                                      	
PRESIDING JUDGE

CERTIFICATE OF SERVICE
	This is to certify that on ________________________ a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Lubbock County, Lubbock, Texas.

                                                                       	
Attorney for Petitioner