The Common Law

The Texas Code of Criminal Procedure (Article 42.12) states that successfully completed deferred adjudication is not "deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense." Though, even if you successfully complete your deferred adjudication and the court ultimately "dismisses" the pending criminal charge(s), there are two issues of which you need to be aware.

First, the original arrest record and the record of the court's action will be publicly available at the courthouse. The only way to make them nonpublic is to seek an "expunction" or petition the court for an "order of nondisclosure." Expunction is only available for some Class C misdemeanors, and some Class C offenses do not permit expunction until a period of five years has passed. And if you were charged with a Class B, Class A, or felony offense, expunction is not available at all. The only way to potentially remove these more serious charges from your record is to petition the court for an "order of nondisclosure." These are granted less frequently than expunctions because of the more serious nature of the offense. Like an expunction, an order of nondisclosure basically prohibits criminal justice agencies from disclosing your criminal history or information related to the offense(s) for which you elected deferred adjudication. Some offenses, however, are ineligible for an order of nondisclosure.

Second, even though there has been no conviction or finding of guilt, if your record has not been expunged or ordered for nondisclosure, you may find yourself in a tough situation with potential future employers. Specifically, for every employment application that asks "have you ever been convicted of a crime or entered a plea of guilty or plead no contest to anything other than a minor traffic violation" (or something similar), you may be required to disclose this information.

While the benefit of avoiding a trial and having a final conviction on your permanent record is appealing, there are some downsides to deferred adjudication. You should consult a licensed attorney who specializes in criminal law before deciding whether or not deferred adjudication is right for you.