Deferred Adjudication Probation

| Nov 16, 2010 | Criminal Defense |

Deferred adjudication probation can be a double-edged sword.  The reason is because if you successfully complete all of the terms and conditions of probation then the charges will be dismissed upon your discharge from probation.  That is a great thing, because with many crimes you can then file a Petition for Non-Disclosure.  That will then seal your criminal record with certain limited exceptions.   Agencies like the Texas Board of Legal Examiners, the Board of Medical Examiners, the licensing agency for nurses, etc. will still have access to the fact that you were arrested for the offense but they still will see that you were never convicted.  Once the non-disclosure is signed, most potential employers would not have access to the fact that you were arrested.

The problem with deferred is that you have exposure to the full range of punishment if you violate your probation.  In other words, if you are on deferred for a Class A Misdemeanor Assault that has a range of punishment of up to a year in county jail and up to a $4,000 fine then the judge can sentence you up to that full 365 days if the State files a Motion to Adjudicate for a probation violation.