Houston Attorney for CPS Investigations Andy Nolen

Houston Attorney for CPS Investigations

If you are contacted by Harris County Children's Protective Services because they are investigating you or a family member, you must take this very seriously.  Not only could you or a family member be facing criminal or juvenile prosecution, such an investigation could also destroy the peace of the family home by removing one of more of your children.

You need to know that a CPS report will be forwarded to the police or to the Harris County District Attorney's Office, therefore you have to consider the possible consequences once you learn that a CPS investigation has been started.  You or a family member could be arrested.  During the early stages of the investigation, do not be misled.  A CPS investigator may ask you some serious questions which could implicate you or a family member in a criminal or juvenile offense.  An investigator may assure you that if you help explain some troubling issues that it may clear you or a family member of suspicion.  The investigator may even ask you to undergo a polygraph examination.

If you have been contacted by CPS for an interview and or to take a polygraph, call a Houston Defense Attorney for CPS Investigations immediately.  Both the interview and the polygraph examination should be stopped by your attorney so that he can first assess the situation and the reason for the investigation.  You should put your attorney between the CPS investigator and you.  You have the absolute right to remain silent.  Do not give up that right.  Polygraph examinations are not reliable and the results cannot be used in court, however what you tell the polygrapher may be used against you.  The State uses interviews and polygraph examinations to strengthen their case against you.
Talk to a lawyer before you talk to CPS.

Houston Attorney for CPS Investigations Andy Nolen has over 22 years  experience representing persons accused of committing criminal violations of State  law.

Houston Attorney for CPS Investigations Andy Nolen and Associates treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If we can be of any assistance, or you just want to talk about your situation, please call Harris County Criminal Attorneys Andy Nolen and Associates at 713-697-4373. Andy Nolen has over 20 years  experience representing persons accused of committing criminal violations of State  law.

Houston Attorney for CPS Investigations Andy Nolen and Associates treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If we can be of any assistance, or you just want to talk about your situation, please call Harris County Criminal Attorneys Andy Nolen and Associates at 832-480-8951.  Andy Nolen has over 20 years  experience representing persons accused of committing criminal violations of State  law.

Houston, Texas Criminal Attorneys Andy Nolen and Associates treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If we can be of any assistance, or you just want to talk about your situation, please call Harris County Criminal Attorneys Andy Nolen and Associates at 832-480-8951.

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Attorney Andy Nolen, Sealing Criminal Records in Texas

TEXAS CRIMINAL RECORDS

 

ARE DEFERRED ADJUDICATION RECORDS PUBLIC?

Yes. Many people mistakenly believe that deferred adjudication records are removed from a defendant's criminal history upon successful conclusion of the community supervision (probation) period, however the law does not provide for automatic expunction of deferred adjudication records.

CAN DEFERRED ADJUDICATION RECORDS BE MADE NON-PUBLIC?

Yes, in some instances. The way that deferred adjudication community supervision records can be made non-public for certain Class B, Class A, or felony offenses is by filing a Petition for Non-Disclosure. Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. This procedure, however, is unavailable for many offenses. Furthermore, if a defendant commits an offense after the deferred adjudication has been completed and before filing the petition, a defendant may be disqualified.

FOR WHICH OFFENSES IS THIS PROCEDURE UNAVAILABLE?

Under Section 411.081(e)(1)-(4), Government Code, anyone who has ever committed any of the following offenses (including as the offense for which the defendant received deferred adjudication) is not eligible to seek an order of nondisclosure:

* Indecency with a child
* Sexual assault
* Aggravated sexual assault
* Prohibited sexual conduct (incest)
* Aggravated kidnapping
* Burglary of a habitation with intent to commit any of the above offenses
* Compelling prostitution
* Sexual performance by a child
* Possession or promotion of child pornography
* Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than 17 years of age
* Attempt, conspiracy, or solicitation to commit any of the above offenses
* Capital murder
* Murder
* Injury to a child, elderly individual, or disabled individual
* Abandoning or endangering a child
* Violation of protective order or magistrate's order
* Stalking
* Any other offense involving family violence

WHICH DEFENDANTS ARE DISQUALIFIED FROM SEEKING AN ORDER OF NON-DISCLOSURE?

Any defendant who, after the date of discharge and dismissal, has been convicted or placed on deferred adjudication for any offense other than a traffic offense punishable by fine only.

WHEN CAN AN OTHERWISE ELIGIBLE DEFENDANT SEEK AN ORDER OF NON-DISCLOSURE?

Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure.

All felonies -- 5 years from date of discharge and dismissal.

The following misdemeanors -- 2 years from date of discharge and dismissal:

* 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

All other misdemeanors -- May file immediately upon discharge and dismissal.

If you are eligible, it is important to file a Petition for Non-Disclosure. Unless there is a court order of non-disclosure directing otherwise, records of a prosecution resulting in a deferred adjudication are publicly available in the District Clerk's records and the Justice Information Management System (JIMS) database maintained by Harris County, Texas.

FORT BEND County  Criminal Defense Attorney Andy Nolen has over 19 years  experience representing persons accused of committing criminal violations of State and Federal law.

 Richmond, Texas Criminal Attorney  Andy Nolen treats  every person they represent as if they were a friend and neighbor.   When you call, likely Andy Nolen will answer your call himself.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

 If we can be of any assistance, or you just want to talk about your situation, please call Fort Bend County Criminal Defense Attorney  Andy Nolen at 832-480-8951.

Attorney Andy Nolen: Houston Ethics Commission

The ethics commission shall consist of seven persons of good moral character who shall be adult residents of the city. The mayor shall direct certain organizations to nominate the members of the commission. The positions shall be filled as follows:

(1)

Position 1: By a member of the legal community. The Houston Bar Association shall nominate the person to fill the position from the legal community.

(2)

Position 2: By a member of the labor community. The Central Labor Council of the AFL-CIO shall nominate the person to fill the position from the labor community.

(3)

Position 3: By a member of the medical community. The Harris County Medical Society shall nominate the person to fill the position from the medical community.

(4)

Positions 4, 5, 6 and 7: By four members from the city community-at-large. The city council shall nominate the persons to fill these four positions.

The city council shall confirm all nominations for positions on the commission. If any nominee is unable or declines to serve on the commission, or is not confirmed by city council, the nominating authority shall nominate another person to fill the position. If the nominating authority for Position 1, 2 or 3 declines to submit a nomination to fill its respective position, either initially or subsequently, or is unable to do so, or fails to do so within 30 days of the request by the mayor, the city council shall nominate and confirm a person to fill such vacant position.

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