One of the first questions we ask when someone wants to file a motion for non-disclosure is, "when were you discharged from supervision". The reason is that there are waiting periods for most offenses. The time starts from when your probation expired, or you were discharged from supervision.

For felony offenses it's pretty straightforward - you have to wait 5 years. For misdemeanors, it's more complicated. There's either a two-year waiting period or no waiting period. The two-year waiting period applies to the following offenses:

  • Abuse of corpse
  • Advertising for placement of child
  • Aiding suicide
  • Assault
  • Bigamy
  • Cruelty to animals
  • Deadly conduct
  • Destruction of flag
  • Discharge of firearm
  • Disorderly conduct
  • Disrupting meeting or procession
  • Dog fighting
  • False alarm or report
  • Harassment
  • Harboring runaway child
  • Hoax bombs
  • Indecent exposure
  • Interference with emergency telephone call
  • Leaving a child in a vehicle
  • Making a firearm accessible to a child
  • Obstructing highway or other passageway
  • Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
  • Public lewdness
  • Riot
  • Silent or abusive calls to 9-1-1 service
  • Terroristic threat
  • Unlawful carrying of handgun by license holder
  • Unlawful carrying weapons
  • Unlawful possession of firearm
  • Unlawful restraint
  • Unlawful transfer of certain weapons
  • Violation of protective order preventing offense caused by bias or prejudice

If you were convicted of any other misdemeanor offense - and it's an offense eligible for a non-disclosure order - there is no waiting period. That means that the day you are discharged from probation you can file a petition for non-disclosure.

For more information on which offenses are not eligible for a non-disclosure order, you can check this article.

As you can see, when to file a motion for non-disclosure is not an easy question to answer, which is why you should talk with a lawyer who is knowledgeable in this area. If you have a case where you think you might be eligible for a non-disclosure order we will be happy to talk with you about that.

Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.