Deferred Disposition vs. Deferred Adjudication in Texas
There’s a lot of confusion about the terms “deferred disposition” and “deferred adjudication” in Texas.
Deferred adjudication is a type of actual probation, for a Class B misdemeanor or higher charge, where the judge says (in legalese), “Based on your plea of No Contest or Guilty, I could find you guilty, but I’m not going to. I’m going to place you on probation, and if you jump through the hoops of probation, at the end of the case you will never be found guilty of the charge.”
To defer – to put off, or postpone. To adjudicate – in the criminal context it means to find you guilty. So when the judge places a defendant on deferred adjudication, he is postponing finding the person guilty, and will never find them guilty, if they successfully complete the terms of probation.
In Texas, that means a real, formal probation with a monthly visit to a probation officer, minimum community service hours, urinalysis for drugs and alcohol, fines, court costs and $62 per month probation fees.
Again, the major distinction here is that this is only for Class B and Class A misdemeanors, and felony charges in Texas. It’s not for Class C, that is, traffic ticket level offenses.
Deferred adjudications are not expungeable, but most are eligible for Motions of Non-Disclosure.
Deferred disposition is only for Class C charges, and is not a formal reporting probation. The theory is the same – that is, if you pay a (smaller) fine, usually take a class, and stay out of trouble, at the end of the deferral period you are not convicted of the offense.
There is no probation officer, or monthly meeting. I suppose you could say that you are on your own probation, but that’s it. Some clerk will pull your file at the end of the term, check to see that monies are paid, certificates for classes are turned in, and run a criminal background check to see that you did indeed stay out of trouble. Then the case is dismissed.
For Class C Assaults, Theft, Public Intoxication, Minor in Possession and similar non-traffic offenses, this is the same as agreeing to take defensive driving, pay a small fine, and not pick up any more traffic tickets to get a speeding ticket dismissed.
In a successfully completed deferred disposition, you are specifically by statute entitled to seek an expunction, not just the less complete sealing of records.
Part of this confusion is perpetuated by Class C prosecutors, and even some Municipal Court judges, who continually refer to this process as “deferred adjudication”. In fact, the two are very different.
[See also, Deferred Prosecution Agreements.]
My 18 year old son was arrested in June for a Public Intoxication of marijuana. He was in his friends car. His friend was charged with Pocession of marijuana and drug paraphenalia (which was a bong over 12") An attorney told us (which we did not hire) that he thought he could get him off the PI because he was in the back seat eating when he was arrested and it would be very hard to prove he was intoxicated and a danger to himself or someone else. The court date is not until August 18, 2008. My son will be at Texas A&M in his junior year geting his Aeronautical Engineering Degree. My son decided to go to talk to the Prosecuting attorney today so he could maybe get this behind him. The attorney told him that he could hire an attorney but he will loose because in the police report my son said that they smoked than went to get something to eat than came back to the park to play soccer. The attorney told him that he was a danger to himself by riding in a car with someone under the influence and that is all they have to prove that he was a danger to himself or someone else to up hold PI. Also if the jury found him not guilty they could then file a possession of drug paraphenalia and he will not get out of it because his finger prints were on the bong. He said the best thing would be to take deferrred disposition. It would be less expensive. Do we have to apply for the expunction or is it automatic if he completes his probation without incident? I would like to know if they can go back and file a more serious charge if he is found innocent of a PI? Do you think taking the deferred disposition is his best choice?
Sir, I am facing a two year prison sentence, for indecency with a child. Does Deferred Disposition or Deferred Adjudication apply to me, I only touched the child for two seconds and then she wanted to touch me for a second, and then it was all over.
hey john, you are a child molester, you touched the child knowingly therefore u will have 10 years or more probation- good luck - you could be in prison
Appoximately 2 1/2 months ago I received a speeding ticket, in which I took defensive driving to have dissmissed. In fact I turned in my certificate 3wks ago. The following week I was stopped again on the very same street as the 1st ticket and was given another speeding ticket! I guestion the validity of this, Due to the fact that I have been extra cautious since reciving the 1st. I have really been watching my speed, especially since I have to drive down the same Street every day-at appoxitmately the same time every day-7days a week. I looked at my speed when I spotted him sitting there and saw that my speed was not even 40mph, but he stopped me any way and said I was speeding at 45mph in 35.
Help! What are my choices in a case such as mine, I've been told and read so many different things. Do I request a Deffered Adjudication or a Deffered Dispostion (Even though I have taken the Defensive driving course w/in the last 12 months?)
p.s Needless to say I trying different and alternate routes that take much longer to try and avoid having to drive down this street anymore :-(
Ok so here is my situation....
I want to become a police officer, but i got a ticket about 6 months back and was recently put on DEFERRED DISPOSITION. To become a police officer it says that you can not currently be on DEFERRED ADJUDICATION for any traffic violations. Can I still take the police test or do I have to wait till my deferred dispostion period is over?
dont need any crooked cops if youve been in trouble you'll get into trouble again don't become a police officer
To Giovani. If Speeding makes you a crooked cop. Then every cop in the United States is crooked.
I had a deffered adjudication and I was told that it was going to be cleared after I finished my probation. Well, 7 years after finishing my probation it still shows on my record. WHY?
Lorena, the entire concept of deferred adjudication is a lie. It's on your record. If you want it off you have to get an attorney and go back to court for an order of non-disclosure, but it will still be visible to government agencies. Unless it is one of the felonies Legislature has deemed to exclude and if so, your stuck with it. It probably even shows up on your background check as a conviction. One group of 'ex-felons' are going so far as to sue the State of Texas to force them to honor the 'contract' we signed with the court. Some groups in other states a trying to pass a 'Ban the Box' movement. Until then....you were just an excellent mark for the DA's inflated conviction rate. Your best bet is to find the group in your state and get active.
Sir,
My son who is now 35 years old wants to become a Police Officer in the state of Virginia.
When he was much younger and in the Army at Fort Hood he was arrested in Austin Texas for"poss C/S LSD He recieved " Deferred Adjudacation". It was completed in 4/10/02.
Is the any way to get this Completely Removed?
So that a Law enforcement check would not find it.
If so, what would it cost?
You advise and help is truely appreciated!
Ken Cochran
804-641-6118
@Renee: Kor is that you?
Austin Municipal Court prosecutors know the difference. As do all of the Austin Municipal Court Judges.
It is common to drop the second word and just refer to something as "deferred" (for convenience). It is also common not to correct them every single time an attorney or defendant says adjudication (to not appear condescending), but I always made a point to at least specify that a DD did not involve any formal probation, that expunction is often a possibility, and that the only checking that would be performed was by a clerk at the end of the deferral period.
But thanks for the generic slam against class c prosecutors, Jamie.
in reply to jack every cop is crooked in this country how do you think they and their families always beat the rap on speeding and more serious crimes like the cops that beat rodney king originally did
I recently was issued a possession of paraphernalia charge in blanco county. The info I have looked up tends to say that deferred adjudication is commonly available with this charge. Do I need to apply for it, talk to the judge, or just respond NO CONTEST?
I am applying for a job with the federal government. I had a deferred dispositon 2.5 years ago and completed it successfully and the charge was dismissed. Do I have to answers yes to "were you ever on probation?"
On a job application do you have to answer yes to the following questions if you have received an order for non-disclosure.
a. Have you ever been convicted, or given probation or deferred adjudication in lieu of sentencing or pled no contest, for any offense other than a minor traffic violation?
It was my understanding that once the non disclosure order was provided you did not have to answer yes to any questions on an application referencing the case.