Are there any form admonishments available to reflect the HB 1106 amendments for deferred adjudications?

If this is the one about non-disclosures, I'm probably just going to add a conditional line in the plea papers.

I've seen at least two different versions from different jurisdictions, but I'm not in a position to recommend anything. Try contacting the Office of Court Administration; they don't have any model forms online yet, but if anyone comes up with something, they'll have it.

We have time to figure this out, because there is no way that a failure to inform about this could bust the plea, right?

Correct. But it's not like it's rocket science.

We added the following line to our admonishment paperwork:

"You may have the right to petition the Court for an order of non-disclosure unless you are ineligible due to the nature of this offense or your criminal history."

Would welcome any feedback on whether this complies with the statute...

I have drafted the following to try and cover all the bases.

The defendant may be entitled to petition the court for an order of nondisclosure under § 411.081, Government Code, upon completion of probation, provided that the offense is eligible for such a nondisclosure, and the defendants criminal history is not a bar to the granting of the nondisclosure. For certain offenses there is a minimum waiting period after completion of probation that being two years for certain misdemeanors, and five years for certain felonies. A subsequent adjudication for this offense, or a conviction or deferred adjudication for another offense will result in the inability to have a petition of nondisclosure granted

[This message was edited by K.C. on 09-06-11 at .]

Couldn't the bailiff just stamp that language on the back of their hand?

Troy W's looks pretty good to me. Mind if I steal it?

How long before the first post-conviction writ, alleging that the defendant only pleaded guilty because he was promised an order of nondisclosure?

My adapted version (From Troy W's): If the Court defers an adjudication of guilt and places you on community supervision, you may have the right to petition the Court for an order of non-disclosure after successfully completing community supervision, unless you are ineligible due to the nature of this offense or your criminal history.

I did not go into greater detail because those details can change, especially things like section numbers and the list of ineligible offenses.

John,

I think I like yours a bit better. Mind if I steal it?