Is Deferred Adjudication a Conviction in Texas?
No. If you complete deferred adjudication in Texas, the judge dismisses the case, and you are not convicted of the offense.
But the record doesn’t disappear. The arrest, the charge, and the deferred adjudication stay on your criminal history and can show up on a background check until you get an order of nondisclosure. And for some purposes, including immigration, gun licensing, and later sentencing, deferred adjudication can still count as a conviction.
Here’s what deferred adjudication means for your record, who qualifies to seal it, and why a family violence finding changes everything.
How deferred adjudication works in Texas
Deferred adjudication is a form of community supervision. You plead guilty or no contest, and instead of finding you guilty, the judge defers the finding and places you on supervision with conditions such as reporting, classes, fees, and drug testing.
If you complete supervision, the judge dismisses the proceedings and discharges you under Article 42A.111 of the Texas Code of Criminal Procedure. No conviction is ever entered.
If you violate the conditions, the state can file a motion to adjudicate guilt. If the judge grants it, the case proceeds “as if the adjudication of guilt had not been deferred” under Article 42A.110, and you can be sentenced anywhere within the full punishment range for the original offense. Our guide to motions to revoke probation in Texas explains that process.
Deferred adjudication vs. regular probation
| Deferred adjudication | Regular probation | |
|---|---|---|
| Finding of guilt | Deferred, never entered if you finish | Entered before probation begins |
| Final conviction on your record | No, if completed | Yes |
| If you violate | Judge can adjudicate guilt and sentence within the full punishment range | Judge can impose the original sentence or reduce it |
| Path to nondisclosure | Gov’t Code §§411.072, 411.0725, 411.0726 | Limited. Certain misdemeanors only, under §411.073 |
| Expunction | Generally not available, except Class C misdemeanors | Not available |
Does deferred adjudication show up on a background check?
Yes. Completing deferred adjudication doesn’t remove anything from your criminal history. The Texas Department of Public Safety keeps the arrest and the deferred adjudication on file, and that information can appear in public criminal history searches and commercial background checks.
What an employer or landlord sees depends on the type of search. The surest way to keep the case out of most public checks is an order of nondisclosure.
When deferred adjudication still counts as a conviction
Texas law doesn’t treat a completed deferred adjudication as a conviction for most purposes, but several important exceptions apply:
- Handgun licenses. For license to carry purposes, deferred adjudication counts as a conviction unless the order was entered at least 10 years before you apply. For certain offenses, including felony offenses against the person and protective order violations, it counts regardless of age (Gov’t Code §411.1711).
- Immigration. Federal immigration law generally treats a deferred adjudication plea as a conviction. Non-citizens should get advice before accepting any deferred offer.
- Later sentencing. A deferred adjudication for certain sex offenses can be used to enhance punishment for a later offense.
- Professional licensing. State licensing agencies can consider deferred adjudication when deciding on a license.
- Repeat offenses. A prior deferred adjudication can make you ineligible for the most favorable nondisclosure routes, as explained below.
What is an order of nondisclosure?
An order of nondisclosure seals your criminal history record from the public. It bars criminal justice agencies from releasing the covered information to most employers, landlords, and background check companies. Law enforcement, courts, and certain licensing agencies can still see it.
Nondisclosure is not expunction. An expunction destroys the record. A nondisclosure order keeps it but restricts who can see it.
Can you expunge a deferred adjudication in Texas?
Generally, no. Under Texas’s expunction statute, you’re not eligible if you served court-ordered community supervision for the offense, and deferred adjudication is community supervision. The exception is a Class C misdemeanor, which can be expunged after deferred adjudication.
For most people who complete deferred adjudication on a Class B misdemeanor or higher, nondisclosure is the main option. Not sure which applies? Read what crimes can be expunged in Texas or talk to our Fort Worth expungement attorneys.
How long do you have to wait for nondisclosure?
The waiting period depends on the offense and which section of the Government Code applies.
First-time misdemeanors: §411.072
You may qualify for a nondisclosure order issued by the court itself, with no petition, if:
- You received deferred adjudication for a misdemeanor
- You have no prior conviction or deferred adjudication, other than a fine-only traffic ticket
- The offense isn’t DWI, BWI, or a misdemeanor under Penal Code chapters 20, 21, 22, 25, 42, 43, 46, or 71
The court issues the order at discharge once you present evidence that you’re eligible and pay a $28 fee. If you’re discharged before day 180 of supervision, the order issues on or after day 180.
Other deferred adjudication cases: §411.0725
If you don’t qualify under §411.072, you can petition the court that placed you on deferred adjudication on or after:
| Offense | Earliest date to petition |
|---|---|
| Most misdemeanors | The date of discharge and dismissal |
| Misdemeanors under Penal Code chapters 20, 21, 22, 25, 42, 43, or 46 (including assault, weapons, and disorderly conduct) | 2 years after discharge and dismissal |
| Felonies | 5 years after discharge and dismissal |
The court holds a hearing and must find the order is in the best interest of justice.
DWI deferred adjudication: §411.0726
Deferred adjudication for a misdemeanor DWI or boating while intoxicated has its own rule. You can petition two years after completing supervision if:
- You have no prior conviction or deferred adjudication, other than a fine-only traffic offense
- The state doesn’t show the offense involved a motor vehicle collision with another person, including a passenger
See our DWI record sealing page for more on this route.
Who can’t get nondisclosure after deferred adjudication?
Under Gov’t Code §411.074, you’re permanently ineligible for nondisclosure on the case, or on any case, if you’ve been convicted of or received deferred adjudication for:
- Any offense involving family violence, or any case where the court made an affirmative finding of family violence
- An offense requiring sex offender registration
- Stalking, or violating a protective order or bond conditions in a family violence, sexual assault, stalking, or trafficking case
- Murder, capital murder, aggravated kidnapping, or trafficking of persons
- Injury to, or abandoning or endangering, a child, elderly person, or disabled person
The family violence bar catches many people off guard. A deferred adjudication on a misdemeanor family violence assault can never be sealed. That’s one reason the decision to accept deferred adjudication in a family violence case, and whether the judge enters a family violence finding, deserves careful review before you plead.
You also lose eligibility if you’re convicted of or placed on deferred adjudication for any new offense, other than a fine-only traffic offense, during the waiting period.
What to do after completing deferred adjudication
- Get your court records. Find the order of discharge and dismissal, and confirm the exact offense, statute, and offense level.
- Check your criminal history. Don’t assume the case has disappeared. It hasn’t.
- Identify your route. Determine whether §411.072, §411.0725, or §411.0726 applies, and when your waiting period ends.
- Check for disqualifiers. Look for any family violence finding or other cases that could block eligibility.
- File, or confirm the court issued, the order. Under §411.072 the court issues it. Under the other sections, you have to petition.
Talk to a Fort Worth attorney about deferred adjudication
Whether to accept deferred adjudication, and what it will mean for your record years later, is one of the biggest decisions in a criminal case. Cole Paschall Law helps clients across Fort Worth and Tarrant County weigh deferred offers before they plead and pursue nondisclosure after they finish.
Shawn Paschall is Board Certified in Criminal Law and a former felony prosecutor, and you’ll talk directly to an attorney, 24 hours a day.
Call (817) 477-4100 for a free consultation.
FAQs
Is deferred adjudication a conviction in Texas?
Not if you complete it. The judge dismisses the case without a finding of guilt. But the record remains, and deferred adjudication can still count as a conviction for immigration, handgun licensing, and certain sentencing enhancements.
Does deferred adjudication show up on a background check?
Yes. The arrest and deferred adjudication remain on your Texas criminal history and can appear on public and commercial background checks until you get an order of nondisclosure.
Can I get a deferred adjudication expunged in Texas?
Generally, no. Deferred adjudication is court-ordered community supervision, which disqualifies you from expunction unless the offense was a Class C misdemeanor. Nondisclosure is usually the available option.
How long after deferred adjudication can I get nondisclosure?
It depends on the offense. Eligible first-time misdemeanors can be sealed at discharge or on day 180. Most other misdemeanors can be sealed at discharge; certain misdemeanors after 2 years, DWI after 2 years, and felonies after 5 years.
Can I get nondisclosure for a family violence case?
No. Under Gov’t Code §411.074, any offense involving family violence, or any case with an affirmative family violence finding, permanently bars nondisclosure.
What happens if I violate deferred adjudication?
The state can move to adjudicate guilt. If the judge grants it, you’re convicted and can be sentenced anywhere within the full punishment range for the original offense.
Does nondisclosure erase my record?
No. Nondisclosure seals the record from the public, but law enforcement, courts, and certain licensing agencies can still see it. Only an expunction destroys the record.
