Friday, June 15, 2007

New Non-Disclosure Law for Drug Court Convictions

Today, Governor Perry signed a law that allows drug court prosecutions to be non-disclosed.

What's interesting about this law is that a drug court defendant can seal the record even if they did not receive deferred adjudication. This exception to the non-disclosure law is the only instance in Texas law where a conviction can be sealed.

The requirements are successful completion of a drug court program; no previous felony convictions; no felony convictions within two years of completing the program; and the offense that led to the drug court prosecution cannot have involved driving while intoxicated.

Drug court programs are typically found in larger counties. They stress treatment over punishment and advocate a non-adversarial approach to prosecution. When arrested for a drug offense, one must apply for admittance into drug court.

This new non-disclosure law was passed to motivate drug defendants into applying for drug court.