WHAT IS DEFERRED ADJUDICATION, DISPOSITION, & PROSECUTION?

Deferred Adjudication is a form of probation that allows the Judge to delay the Judgment and entering of guilt; in other words, the Judge elects to defer adjudication of the case, pending the outcome of probation. If the person completes probation successfully, then they are discharged, and in the vast majority of cases, the charges and counts are dismissed, allowing for the record to be sealed via a Motion for Non-Disclosure.

Not every case is eligible for a Motion for Non-Disclosure; for instance, Family Assault cases cannot be sealed through a Motion for Non-Disclosure. Deferred Adjudication cases are not eligible for Expunction, unless pardoned.

Deferred Disposition is a type of informal probation on Class C offenses that allow the case to be dismissed. There is no supervision, and the only oversight is that the clerk or court will inspect the file at the end of the deferral period (typical 90-180 days), to make sure all requirements have been met (such as community service, classes, and fines). Deferred Disposition cases in Austin and Travis County Texas can be Expunged.

Deferred Prosecution, or Pretrial Intervention, is where the prosecutor agrees to hold the file and dismiss the case, typically ahead of time, with the understanding that the defendant will remain free of new arrests and complete a variety of tasks, such as community service, classes, counseling, etc... Deferred Prosecutions and Pretrial Interventions are eligible for Expunction.

Straight Probation, Shock Probation, or any type of Probation supervision after a Conviction is not eligible for Expunction or a Motion for Non-Disclosure, unless Pardoned by the Governor's Office.


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