What Is Deferred Adjudication In Texas?
July 20, 2026
You might’ve heard the term “deferred adjudication” through your attorney or directly from the court when negotiating your sentencing for a crime. Many people believe community supervision, better known as probation, and deferred adjudication mean the same thing, when that is not the case.
Definition
The Texas Court defines deferred adjudication as “a special form of judge-ordered probation” that allows defendants to plead guilty or no contest for a crime without an actual conviction being placed on their record (Code of Criminal Procedure 42.12, Sec. 5).
While deferred adjudication is similar to probation, as they both require an offender to follow certain terms and conditions set by the court to avoid or reduce jail time, the purpose and steps to obtain deferred adjudication are different.
Key Characteristics of Deferred Adjudication
One of the factors that separates deferred adjudication from probation is who can request it. Deferred adjudication in Texas is available to request:
- First-time offenders
- Non-violent offenders
- Those who plead guilty or no contest
- Minor offenses (such as traffic citations)
- Defendants charged with a misdemeanor or a felony other than crimes involving intoxication
Offenders charged with violent crimes, DUI/DWIs, repeated sex or drug offenses are ineligible to request deferred adjudication.
Purpose of Deferred Adjudication
The purpose of deferred adjudication is to provide offenders with the option to avoid a formal criminal conviction on their permanent record.
Steps of Deferred Adjudication
To begin deferred adjudication, both the defendant and the prosecutor must agree on the guilty plea. Once the defendant pleads guilty, the judge will put the conviction process on hold and order probation for the individual.
The sentencing remains the same, whether or not the individual has deferred adjudication, as long as the defendant completes the sentencing.
To complete deferred adjudication, the defendant must complete the sentence ordered and not violate the sentence (get arrested again, miss a court hearing, etc).
If the defendant does not complete their sentencing, the prosecutor will file a Motion to Adjudicate Guilt (MATG), where a judge will reevaluate the case and convict the individual to any amount of jail or prison time within the maximum statutory range for the original charge.
If an individual violates their probation, they would only be mandated to serve the remainder of the ordered sentence. With deferred adjudication, the defendant risks receiving the maximum legal punishment and a conviction.
However, if an individual with deferred adjudication completes their sentence, there will be no conviction on their record.
Additionally, once the deferred adjudication is completed, the individual has the opportunity to request an order of nondisclosure that prohibits public entities, such as courts and police departments, from disclosing that specific criminal case.
Steps To Petition A Nondisclosure Order
- Complete deferred adjudication
- Wait a period of time following the dismissal and discharge (5 years for a felony crime and 2 years for certain misdemeanors)
- A judge can issue an order for nondisclosure if the individual meets all of the criteria required for the petition.
At Schneider Law Firm, we understand it can be a difficult decision of whether or not you should apply for deferred adjudication, as there are many nuances. Our experienced attorneys can help you make the right decision. We will guide you through the process of deferred adjudication and a potential order of nondisclosure.
Contact Schneider Law Firm today for a confidential consultation. We have offices in Downtown Fort Worth, Alliance/Keller, and Mansfield/Arlington.