Legal Question in Criminal Law in Texas

Deferred Adjudication

If a person was given "deferred adjudication" and probation. The person served the probation, paid all fees as directed. Why is the arrest still on their record. What exactly should be on their record. Is this arrest and deferred adjudication and probation considered a CRIMINAL HISTORY when filling out any type of application? Thank you for your assistance in answering this question..


Asked on 4/02/98, 11:22 am

1 Answer from Attorneys
Gerald McDougall Law Office of Gerald McDougall

Completed deferred adjudication

Once a defendant completes the term oif probation satisfactorily, the trial court is supposed to enter an "Order of Dismissal" and dismiss the case.

This dismissal SHOULD show on any records check, including an NCIC check - though it can take MONTHS to get it into the computers. Whether or not this is considered a criminal history depend on who is looking at it. A completed deferred adjustication cannot be used to enhance punishment for subsequent offenses, but might well be admissible for impeachment purposes (not yet settled law)

The arrest CAN, in limited matters, be expunged. But the process is only a little less complicated then a quadruple bypass and lung transplant. See a local lawyer.

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Answered on 4/16/98, 10:40 am


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