An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
What is deferred adjudication in Texas?
In short: Deferred adjudication is a form of community supervision where the judge accepts a plea of guilty or no contest but does not enter a finding of guilt (Code of Criminal Procedure 42A.101). If you complete the conditions, the judge dismisses the case (42A.111). If you violate them, the judge can find you guilty and assess any punishment within the full range.
How long can deferred adjudication last?
Up to 10 years for a felony and up to 2 years for a misdemeanor (Code of Criminal Procedure 42A.103). The judge sets the length and the conditions, which can include reporting, fees, classes, community service and treatment.
Is deferred adjudication a conviction?
For most Texas purposes, completed deferred adjudication is not a conviction. But the arrest and the deferred adjudication still appear in criminal history records unless sealed, and some laws treat deferred adjudication like a conviction, for example for enhancement in family violence and certain other cases.
Can I seal the record afterward?
Many people who complete deferred adjudication can petition for an order of nondisclosure under Government Code 411.0725, which limits who can see the record. Waiting periods depend on the offense, and some offenses, such as family violence offenses, are not eligible (411.074). Deferred adjudication generally does not qualify for expunction.
Is deferred available for DWI?
Since September 1, 2019, deferred adjudication has been available for many DWI cases, but not for people who held a commercial driver's license at the time of the offense or whose alcohol concentration was 0.15 or more (Code of Criminal Procedure 42A.102).
What happens if I violate deferred?
The State can file a motion to adjudicate. If the judge finds a violation, the judge can adjudicate guilt and assess punishment anywhere within the full range for the offense. This is the main risk of deferred adjudication compared with a plea to a specific sentence.
Is deferred always the best option?
Not always. A dismissal, a reduced charge, pretrial diversion or a trial may be better depending on the evidence and your goals. Deferred adjudication should be compared with every other available path.
Deferred adjudication or regular probation?
| Deferred adjudication | Regular community supervision | |
|---|---|---|
| Finding of guilt | No finding of guilt while on supervision | Conviction, with the sentence suspended |
| Who can grant it | Only the judge | Judge, or jury in some cases |
| If completed | Dismissal and discharge (42A.111) | Conviction remains, with possible relief under 42A.701 |
| If violated | Judge may adjudicate guilt and sentence within the full range (42A.108) | Judge may revoke and impose the suspended sentence |
| Sealing | Often eligible for nondisclosure (Government Code 411.0725) | Some offenses eligible after a waiting period |
What is the biggest risk?
If the State proves a violation, the judge can find you guilty and impose any sentence within the full range for the offense, not just the time you would have received in a plea bargain. That is why it matters to understand every condition and to deal with problems early.
Can deferred adjudication end early?
The judge may reduce or end the supervision period early (article 42A.701), leading to dismissal and discharge. Courts look at compliance, payment of fees and time served on supervision.
Does deferred adjudication show on background checks?
Yes, until it is sealed. Records of the arrest and the deferred adjudication remain until a nondisclosure order is granted, and some agencies can still see sealed records.
Where are these cases heard in Dallas County?
People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both.
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is deferred adjudication a conviction in Texas?
Completed deferred adjudication is generally not a conviction, but it still appears on records unless sealed, and some laws treat it like a conviction.
How long is deferred adjudication?
Up to 10 years for a felony and up to 2 years for a misdemeanor (Code of Criminal Procedure 42A.103).
Can I get deferred adjudication from a jury?
No. Only the judge can place a person on deferred adjudication.
What happens if I violate deferred adjudication?
The judge may adjudicate guilt and assess punishment anywhere in the full range for the offense (42A.108).
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.