Legal Question in Criminal Law in Texas

Deferred Ajudication

When I was 17 I was charged with assault[family violence], I received deferred ajudication and was told by the judge that if I successfuly completed my probation the charge would be dissmissed. I completed everything and several years later I applied for TDCJ and was told that deferred ajudication was the same as a conviction. Is this true?


Asked on 3/08/01, 11:31 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Deferred Ajudication

Who knows what's true in the world of the TDCJ, but legally they are incorrect. A deferred adjudication cannot be a conviction by definition. If there has been no adjudication, there can be no conviction.

If you successfully completed the conditions of release imposed by the court you are entitled to a dismissal of the pending charges. Once that happens you can legally say you have never been convicted of a felony concerning this case.

That's the whole reason for deferred adjudications - so there will be no criminal felony record after the probation is successfully completed and the case is dismissed.

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Answered on 5/18/01, 10:14 am


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