Texas Fresh Start

Deferred Adjudication

In Texas, apartment landlords and employers check your background to investigate potential tenants or employees. These landlords and employers generally treat a deferred adjudication the same as a conviction. That means that people are often unable to rent apartments or get jobs because of deferred adjudication on their records.

Thanks to our friends in the state legislature, the law concerning deferred adjudication records changed effective September 1, 2003. Prior to this, a record of deferred adjudication probation remained accessible to the public forever.

As of September 1, 2003, a person who has successfully completed a deferred adjudication probation for a class B misdemeanor, a class A misdemeanor, or a felony, may (depending on the offense committed) be able to ask the judge of the court of original jurisdiction that put him on deferred to sign an "order of nondisclosure" barring governmental agencies from disclosing the existence of the charge or the deferred adjudication sentence.

For most misdemeanors, the defendant can petition for the order of nondisclosure immediately after his deferred adjudication is discharged and his case is dismissed. For others, a defendant must wait five years after his deferred adjudication is discharged and his case is dismissed to file for an order of nondisclosure. These misdemeanors are violations under the certain chapters of the Texas Code of Criminal Procedure. For felonies, the wait is ten years after the deferred adjudication is discharged and the case is dismissed. Some offenses cannot be sealed with an order of nondisclosure. There is a $28 filing fee for an order of nondisclosure. After a judge has ordered nondisclosure, the defendant may deny the occurrence of the arrest and prosecution unless the information is being used against him in a subsequent criminal proceeding.

Many Attorneys expect to charge between $500 and $1,000 for each motion for non-disclosure, and an initial consultation fee of $100.

If you received deferred adjudication and your probation is revoked, you cannot appeal the revocation. If you receive straight probation, you are convicted of the crime with which you are charged. If you receive deferred adjudication probation, you are not convicted (for purposes of Texas criminal law) unless you violate your probation.

Deferred adjudication is not permitted for DWI. The judge cannot give straight probation for so-called 3g (aggravated) offenses (but the jury can, if the sentence is 10 years or less).

In addition, for purposes of federal law, a deferred adjudication is the same as a conviction. So punishment for a subsequent federal crime can be enhanced by virtue of the deferred. A person who is not a citizen can be deported for taking a deferred.

Even state law treats a deferred as a conviction for purposes of determining who is eligible to receive or renew some types of licenses. A person who received a deferred may find himself in a nasty spot when he goes to renew a license issued by the state.

Texas Fresh Start makes the information available to you to do the research yourself if desired, vast our The Laws link above. We also can assist you in determining if your qualify via our Eligibility service, where you can use our downloadable eligibility tests or receive personalized assistance from one of our technicians. This service also includes our pulling of your records from both the Texas DPS convictions database and from the major subscription based internet information broker, publicdata.com!

Our Document Packets

Texas Fresh Start offers you two different packages to select from for non-disclosure. Our do-it-yourself packets offer simple to follow instruction and all the required court documents you will need to file for an non-disclosure. Also available is our fully prepared packets where we will prepare all of the documents for you and deliver them ready to be signed, notarized and filed with the courts. Our fully prepared document packet are 100% guaranteed to be accepted by the court!