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in 2007 my son was arrested for demestic violance and inter…

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in 2007 my son was...
in 2007 my son was arrested for demestic violance and inter fearing with 911. he had a girl friend that threw his phone and he threw hers were load arguing we hired a lawyer went to court and the charges of demestic violance were dissmissed but he was charged with interfearing with 911 our lawyer said you can do probation or take charge its nothing more than a traffic ticket type charge now my son cant find work or take care of his kids its a mister meaner a what can i do to change this
Submitted: 8 years ago.Category: Criminal Law
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Answered in 11 minutes by:
6/13/2010
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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hi

 

he can file for a "non-disclosure" but he has to wait 5 years. other than that, there is nothing he can do.

 

to file for the non disclosure, he can go to the court where he got the conviction and request the Petition from the clerk.

 

here is the TX law

 

Sec. 411.081. APPLICATION OF SUBCHAPTER.

 

(a) This subchapter does not apply to criminal history record information that is contained in:

(1) posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;

(2) original records of entry, including police blotters maintained by a criminal justice agency that are compiled chronologically and required by law or long-standing practice to be available to the public;

(3) public judicial, administrative, or legislative proceedings;

(4) court records of public judicial proceedings;

(5) published judicial or administrative opinions; or

(6) announcements of executive clemency.

 

(b) This subchapter does not prohibit a criminal justice agency from disclosing to the public criminal history record information that is related to the offense for which a person is involved in the criminal justice system.

 

(c) This subchapter does not prohibit a criminal justice agency from confirming previous criminal history record information to any person on specific inquiry about whether a named person was arrested, detained, indicted, or formally charged on a specified date, if the information disclosed is based on data excluded by Subsection (b)

.

(d) Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), the person may petition the court that placed the defendant on deferred adjudication for an order of nondisclosure under this subsection. Except as provided by Subsection (e), a person may petition the court under this subsection regardless of whether the person has been previously placed on deferred adjudication community supervision for another offense. After notice to the state and a hearing on whether 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 giving rise to the deferred adjudication. A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court that placed the person on deferred adjudication for an order of nondisclosure on payment of a $28 fee to the clerk of the court in addition to any other fee that generally applies to the filing of a civil petition. The payment may be made only on or after:

 

(1) the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2);

 

(2) the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or

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