Articles Posted in Community supervision

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On June 15, 2017 the Governor signed a bill into law that will significantly change eligibility for “Orders of Non Disclosure,” to allow people who have been convicted of Driving While Intoxicated to  obtain such an Order.  An “Order of Non Disclosure” is a Court Order to any agency in possession of your criminal history record information to seal the record and not disclose it to third parties.  In other words, an Order of Non Disclosure allows one to shield the fact of their case from public view and scrutiny.  An Order of Non Disclosure prevents the general public from viewing your criminal history.  This is helpful in a number of ways, for example an Order of Non Disclosure would prevent prospective employers from viewing your record.  This would also apply to apartment complexes that are considering renting you an apartment, etc.   The are exceptions to the Non Disclosure order in terms of who may access the record, but it is a fantastic tool to prevent the general public from ever knowing that you have a previous criminal case.

Until now, people convicted of Driving While Intoxicated in Collin County, Texas (or anywhere in Texas for that matter) were prohibited by law from obtaining a Non Disclosure Order.  That is about to change.    Effective September 1, 2017 people convicted of Driving While Intoxicated will be able to obtain an Order of Non Disclosure even if  convicted of DWI.  The following conditions must be met in order to qualify.

  • The Driving While Intoxicated Conviction you seek to Nondisclose must be a first offense.
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We are often asked questions about  conditions that people may be asked to complete if they are placed on community supervision.    Below are listed some of the most common, with details provided.  Each case is unique and conditions that may be appropriate in one case are completely inappropriate in another.

SENTENCE RECOMMENDATION AND OTHER PROGRAMS

DWI Education:

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One of the questions I am often asked is “am I entitled to a bond on a probation revocation?”  The answer to that questions depends upon the type of probation.  In a deferred adjudication situation, one is entitled to a bond.  On ordinary communtiy supervision probation, one is not entitled to a bond setting, though in practice bonds are sometimes set. 

There are essentially two different types of probation, often called community supervision.

The first type is known as deferred adjudication.  In a deferred adjudication situation, a person is placed on community supervision with no finding, or “adjudication” of guilt.  If a person successfully completes deferred adjudication, the case is dismissed and the person avoids a conviction.  If the person is accused of violating one or more conditions of deferred adjudication community supervsion, the person’s supervison officer may file what is known as a Petition to Adjudicate.  When a Petition to Adjudicate is filed, a warrant for the person’s arrest is issued.  In Collin County, judges will sometimes set a bond amount when the warrant issues on a Petition to Adjudicate.