What Is Deferred Adjudication in Texas?

Deferred adjudication is a type of probation that can only be granted by a judge. Instead of time spent in jail, deferred allows a defendant facing criminal charges to stay in the community and avoid a conviction provided they comply with certain conditions. The conditions are set by the court over a specified period and usually involve:

• Obeying the laws by not committing any further criminal offenses
• Supporting your dependents
• Reporting to a probation officer as directed
• Completing community service
• Securing and maintaining employment
• Abstaining from alcohol or controlled substances
• Submitting to random urine tests
• Attending counseling or rehabilitation programs if recommended
• Paying all court fines and other related fees

Deferred adjudication is usually available to first-time criminal offenders. But there are exceptions, and not everyone qualifies. To learn how deferred adjudication works in Texas, call us for legal advice or read our guide below.

Am I Eligible for Deferred Adjudication?

First-time offenders are often offered deferred adjudication. However, not all criminal offenses qualify. Defendants are barred by law from receiving deferred adjudication for the following crimes:

• Boating while intoxicated (misdemeanor or felony level)
• Flying while intoxicated (misdemeanor or felony level)
• Intoxication manslaughter (misdemeanor or felony level)
• Intoxication assault
• DWI with a child passenger
• A second drug offense involving a drug-free zone (for felony charges)
• A second sex crime (for felony charges)

DWI Is Eligible Now, and a Lot of People Still Don’t Know It

For 35 years, DWI was on that list. That changed on September 1, 2019.

A first DWI can now qualify for deferred adjudication if all of the following are true:

• It is your first DWI, with no prior DWI conviction and no prior DWI deferred adjudication
• Your alcohol concentration was under 0.15. A result of 0.15 or higher is a separate, enhanced charge and does not qualify
• The offense did not involve an accident that injured someone else
• You do not hold a commercial driver’s license (CDL) or a learner’s permit

If the judge grants it, an ignition interlock device is mandatory on the vehicle you drive.

Worth saying plainly, because outdated information is still circulating: if someone told you a DWI can never get deferred adjudication in Texas, that advice is years out of date. See our page on deferred adjudication for a DWI for the detail.

For this type of plea agreement, you will enter a “guilty” or “no contest” plea to your alleged criminal charge however this is withheld by the judge and you are placed on community supervision. This means you accept responsibility for the offense without having a conviction placed on your record in exchange for completing probation or community supervision. 

Is Deferred Adjudication a Good Idea?

It goes without saying; a criminal record can have severe implications for your future.  Aside from potentially losing your freedom and incurring hefty fines, your employment opportunities and home life can be seriously derailed.  There are also further consequences which could affect:

• The suspension of professional, driving, and gun licenses
• Your parenting status and custody of your children
• Housing limitations for renting or securing a mortgage
• College admission
• Public benefits under subsidized government programs
• A change in immigration status

One of the major benefits of deferred adjudication is after finishing the probation term successfully, there is no conviction. However, a deferred adjudication will remain on record unless you file a petition (and the offense is eligible) for nondisclosure to seal the record.

Weighing a deferred offer right now? Our Houston deferred adjudication lawyer will tell you straight whether to take it.

Deferred adjudication community supervision pleas may not be a suitable option for every situation. For example, if you were charged with a misdemeanor or felony involving family violence or other criminal offenses, that cannot be expunged from your criminal record. If your case is defensible, it may be better to take your chance at trial. 

How Do I Remove a Deferred Adjudication From My Record?

When a judge defers the finding of guilt pending a successful probation period, the defendant has not technically been convicted of a criminal offense. Still, the deferred adjudication status will remain on criminal record unless a petition for nondisclosure is filed to seal the record for eligible offenses.  Sealing a record means the offense will not be accessible to public and private background searches; however, it remains visible to law enforcement and other government entities.  There are two types of nondisclosure, automatic order by a judge and nondisclosure with a petition. Both come with specific legal requirements you will need to meet before an order of expunction can be issued to remove the entry from your criminal record. The specifics of your case will determine if you can have your record sealed. 

Criminal Offenses Applying to Records That Cannot Be Sealed

Generally, if you received a conviction or deferred adjudication for any of the following crimes, you will not be able to seal the record. The subsequent offenses are disqualified from nondisclosure:

• Offenses requiring registration as a sex offender
• Murder
• Aggravated kidnapping
• Injury to a child, elderly, or disabled person
• Abandoning or endangering a child
• Stalking
• Violation of a protective order for certain family violence, sexual assault or abuse, or stalking offenses
• Any other offense involving family violence

How Long Does the Probation Period Last?

The probation period depends on the type of charges you face. If you were charged with a felony, for example, the probation period cannot exceed ten years.  For a misdemeanor case, two years is generally the maximum time spent under court supervision per Texas Code of Criminal Procedure § 42A.103.  

What Happens If I Break the Conditions of My Probation?

If you violate the terms of your probation, you’re entitled to a hearing on whether you actually violated them. The judge can reinstate your probation as is, or reinstate it with amended conditions. The judge can also revoke it. Then you’re convicted of the original crime, and the judge has discretion over the sentence. The risk is that you could end up with a harsher punishment than if you’d taken regular probation. Further, you will have a criminal conviction on record, so it is smart to stick to the probation conditions.

What Happens Upon Successful Completion of Deferred Adjudication in Texas?

After completing the terms and conditions of your probation, your case will be dismissed, and a conviction will not appear on your record. You can then arrange for the offense to be sealed from your criminal history.  Once sealed from your record, you are not required to disclose information related to an offense subject to a sealed record in job interviews, for example. It can be beneficial to seek legal advice for more clarity about deferred adjudication and the legal process for nondisclosure. If you’re looking to take the next step and clear your record, our Houston criminal record expungement lawyer can help you understand your eligibility and guide you through the legal procedures.

How long does deferred adjudication stay on your record in Texas?

Forever, unless a judge seals it. Finishing deferred gets the case dismissed under Article 42A.111(a), but the arrest, the plea and the deferred itself stay in your public criminal history with no expiration date. The only thing that hides them from the public is an order of nondisclosure, and that is a separate proceeding you have to go back and ask for. People find this out about two years later, when a background check comes back and the dismissal is sitting there in plain view.

Can I buy a gun if I have deferred adjudication in Texas?

Usually yes once it is finished, and usually no while you are on it. Texas Penal Code § 46.04 bars firearm possession by a person “convicted of a felony,” and a completed deferred adjudication is not a conviction under Texas law, so the state bar generally does not attach. The five-year family violence bar in § 46.04(b) is written the same way, keyed to a conviction. While you are still on deferred, the answer flips. The charge has not gone anywhere, judges routinely make “no firearms” a condition of supervision, and federal law restricts receiving a firearm while a felony charge is pending. Family violence cases carry a federal problem of their own that Texas law does not fix. Ask before you buy, not after.

How do I get off deferred adjudication early in Texas?

You file a motion and ask the judge. Article 42A.111(b) lets the court dismiss the proceedings and discharge you before your term is up if the judge believes it serves the best interest of society and of you. There is no minimum portion you have to serve first. The statute carves out one category: a judge cannot do this on a case that requires sex offender registration under Chapter 62. What moves a judge is a clean file. Conditions finished early, fees paid, no violations, and a lawyer who asks at the right moment instead of the first one.

How many times can you get deferred adjudication in Texas?

There is no statutory cap on the number, but eligibility narrows fast. Article 42A.102(b) takes deferred off the table completely for intoxication assault, intoxication manslaughter, DWI with a child passenger and human trafficking, and for any DWI where you held a commercial driver’s license, where your alcohol concentration was 0.15 or higher, or where the charge can be enhanced as a second or subsequent DWI. The harder obstacle is usually the prosecutor rather than the statute. A second deferred on a similar charge is a tough sell in Harris County, and it generally takes a reason the State is willing to put in writing.

Deferred adjudication vs. straight probation

	Deferred adjudication	Straight probation
Your plea	Guilty or no contest, and the judge defers any finding of guilt	Guilty or no contest, and the judge finds you guilty
Who can grant it	A judge only	A judge or a jury
If you finish it	No conviction. The case is dismissed under Art. 42A.111(a)	The conviction stands
If you violate it	The judge can adjudicate guilt and sentence you anywhere in the full range for the original charge	The judge is capped at the sentence originally assessed
Sealing it later	Possible by order of nondisclosure if you qualify	Generally not available

That fourth row is the catch, and it is the one worth reading twice. Straight probation tells you the worst case on day one. Deferred does not.

Nondisclosure waiting periods after deferred adjudication

Your situation	Wait from discharge	Statute
First-ever offense, non-violent misdemeanor, no family violence finding, not a DWI or BWI	None, and no petition required	Gov’t Code § 411.072
Other misdemeanors outside Penal Code Chapters 20, 21, 22, 25, 42, 43 and 46	None, but you must petition	§ 411.0725(e)(1)
Misdemeanors under Penal Code Chapters 20, 21, 22, 25, 42, 43 or 46	2 years	§ 411.0725(e)(2)
Felonies	5 years	§ 411.0725(e)(3)

Eligibility is not the same thing as entitlement. Even when you clear the waiting period, the court still has to find that sealing is in the best interest of justice, and some offenses are barred outright no matter how long you wait.

Protect Yourself From the Impact of a Criminal Conviction Today

Facing a criminal charge can feel like you have run out of options.  At Blass Law, we understand this is a tough spot to be in, and we are here to support you, guide you, protect your rights, and fight for you. In addition, our legal team will help determine if you are eligible for deferred adjudication and your subsequent application for nondisclosure.  Our positive track record of success demonstrates committed and passionate counsel for our clients. We will help you find the solution that works best for your case, too. To discuss your situation, call our team in confidence to learn about your legal options at (713) 664-4000. 

Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.

Already completed deferred adjudication? You may be able to seal your record with a nondisclosure order.