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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I'm trying to file a non-disclosure and need to know how to

Customer Question

Customer: Hello, I'm trying to file a non-disclosure and need to know how to access the public record stating charges were deferred. Do you know where I can find this record?
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, I'm contacting for my husband Stephen Ochoa. My name is ***** ***** has multiple charges that have been deferred, but due to a current legal issue the prosecutor is now using these prior offenses against my husband, even though they were deferred. I can't afford an attorney, however we don't qualify for a free/court appointed attorney either. So I'm filing both a postponement for his trial (1/27/16) and a non-disclosure for his prior record. I just need some guidance on how to do so. I've found the petition for non-disclosure, but I no longer have a copy of his deferment and I believe I need that.
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Customer: Yes. Thank you.
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Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello This is Samuel and I will discuss this and provide you information in this regard if you still need information.

To be clear, you are looking for the court's documents showing there was a deferred sentencing ? Can you tell me please:

What State was the conviction?
How long ago?
And what have you done in this effort so I do not repeat what you have already done?

Customer: replied 1 year ago.
The state is Texas, Comal County specifically. Charges were from 5/18/2007 deferred and 11/4/2006 also deferred. His attorney back then was supposed to file the NDs but never did and we just found this out last week. All I've done is print the Petition for Order of Nondisclosure for Texas but in the guidance it said that I should attach the deferment paperwork. I'm also trying to file a Motion of Discovery for a current legal issue, as I believe the only information the prosecutor has on my husband is the deferred charges. Without those documents being available the prosecutor loses the largest piece of evidence he has against my husband in this current case. I'm also petitioning the court for a postponement of this hearing to buy some time for processing of the Nondisclosure. In all honesty I've sought some legal counsel but I'm not sure if what I'm doing is right.
Expert:  Sam replied 1 year ago.

Thank you

I suggest you are going to need to get a certified copy and you can only get that from the clerk of the Court where the deferment was offered.

Expert:  Sam replied 1 year ago.

You will not be able to obtain that information on line.

Expert:  Sam replied 1 year ago.

There will be a small fee for the clerk to process it for you. It can be picked up or mailed to you. A certified copy cannot be emailed.

Expert:  Sam replied 1 year ago.

However, when you contact the clerk and request the Certified copy you can also ask to have just a copy non certified emailed to you.

Expert:  Sam replied 1 year ago.

You will need to provide the case number ***** the full name and date of birth for the Defendant. And the clerk should be able to locate the docket sheet to process for you

Expert:  Sam replied 1 year ago.

You will need the certified copy of the record of deferment to file with the Non Disclosure.

Customer: replied 1 year ago.
While I was waiting I was able to get the information I need as well as the forms and who to send them to along with the public record I needed. Thank you for your help.
Expert:  Sam replied 1 year ago.

Ok. Best of success for you.