Legal Question in Criminal Law in Texas

Deferred Adjudication - if you completed the probationary period successfully. What is your conviction of the charge and what are you suppose to put on applications. Guilty?

Most apps ask if you have been convicted of a felony? Some if you have been charged with any crime? What would be my obligation under?

Thank you!


Asked on 8/14/09, 4:46 pm

1 Answer from Attorneys

Robert Tuthill Law Office of Robert H. Tuthill

If you plead guilty in exchange for a deferred adjudication, and you successfully completed the probation, then you have not been convicted. You plea guilty, but the judge does not find you guilty and "defers" that determination until the end of your probation period. So your case would have been dismissed.

If an application asks if you have been charged with a crime, the answer would be yes. If an application asks if you have been convicted of a crime, the answer would be no.

You should consult with an attorney about requesting a petition for non-disclosure to seal your deferred so folks wont be able to see it on a criminal history check.

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Answered on 8/15/09, 2:44 pm


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