Deferred Adjudication: Opportunity Or Trap?

If you’ve been charged with a crime, it is normal to worry about going to prison or ending up in jail. However, most people who have never been charged with a crime do not end up in prison. Instead, they are offered something called deferred adjudication. Yet, deferred adjudication is not always a good solution for many people. This post will explore what it means to be put on deferred adjudication in Bexar County, Texas.

What Does it Mean to Get Deferred Adjudication in Bexar County, Texas?

If you have been accused of a crime in Bexar County, Texas (and you have no criminal record), it is likely that your attorney has talked to you about resolving your case by taking deferred adjudication. In Bexar County, Texas, deferred is available to almost everyone who has been accused of a felony or a misdemeanor offense if the accused does not have a criminal record. But what does it mean? Deferred adjudication is a special kind of probation where, if you do everything that you say you are going to do (follow the conditions that the Bexar County District Court or County Court Judge sets), the case gets dismissed. Easy, right? Not so fast. Not everyone who is offered deferred should accept it, and there are some important risks that you need to be aware of before you accept a Bexar County deferred adjudication. You should know that prosecutors offer deferred to get rid of bad cases (cases they can’t prove) and also so that the State can supervise you, sometimes for as much as ten years. So, before you accept a Bexar County deferred adjudication you need to know a couple of things.

What Are the Bad Parts of Deferred Adjudication?

There are two things that are really bad about deferred adjudication. First, deferred adjudication does not erase anything. Even after the case is dismissed, the arrest and the accusation still exist. Expunction — the remedy that actually destroys records — is generally not available to someone who completed deferred adjudication on a Class A or B misdemeanor or a felony. What may be available instead is an order of nondisclosure, which seals the record from most private employers, landlords, and background check companies, but leaves it visible to law enforcement, the courts, and certain licensing agencies. That is a meaningful benefit, but it is not the same as making the case disappear, and not everyone qualifies. (See the section below on sealing.)

The second downside to deferred is that if you mess up, you can get the maximum punishment. The rules of deferred (your officer will call them conditions) are very strict. They will likely require you to get drug tested, and you cannot drink alcohol for any reason. There are additional conditions that you have to follow, and messing up on any of them can result in having a warrant issued for your arrest. When you are put on deferred adjudication, you need to understand that this is absolutely your last opportunity to avoid a prison sentence.

What are the good parts?

You can avoid a criminal conviction. If the case against you is solid, taking deferred adjudication is almost always a good idea. If you are accused of a felony, becoming a convicted felon will hinder you for the rest of your life in many ways. Being on deferred will also hinder you but not as much. For instance, you will be able to say (if you accept and complete deferred adjudication) that you have not been convicted of any crime.

Can I Seal a Deferred Adjudication in Texas?

Often, yes — and this is the part most people are never told when they accept the offer.

Texas allows orders of nondisclosure under Chapter 411 of the Government Code for many people who successfully complete deferred adjudication:

• Automatic nondisclosure (§411.072). For a qualifying nonviolent misdemeanor discharged and dismissed on or after September 1, 2017, the court must issue the nondisclosure order at the time of discharge, provided at least 180 days have passed since you were placed on deferred and you have no prior convictions or deferred adjudications other than fine-only traffic offenses. No separate petition is required.
• Petition-based nondisclosure (§411.0725). For felonies and for misdemeanors that don't qualify above, you may petition the court that placed you on deferred. The court applies a best-interest-of-justice standard. Waiting periods run from the discharge and dismissal: no waiting period for most misdemeanors, two years for misdemeanors under Penal Code Chapters 20, 21, 22, 25, 42, 43 or 46, and five years for felonies.

Certain offenses are excluded entirely, and a family violence finding changes the analysis. Whether you will be eligible for a nondisclosure — and how long you will wait — is one of the questions to settle before you accept a deferred adjudication offer, not after.

Are there any hidden dangers?

The hidden dangers of accepting deferred adjudication are that the judge sets the conditions of deferred. These conditions can include almost anything that the judge wants to do. It is nearly impossible for your attorney to negotiate on the front end what the judge will set as the conditions of deferred. The judge can, for instance, order you into custody treatment. The judge can order a term of confinement in jail as a condition of supervision. Under Article 42A.302 of the Code of Criminal Procedure, that term may not exceed 30 days in a misdemeanor case or 180 days in a felony case. Your attorney, at your sentencing, will be given the opportunity to argue against these conditions, but once the judge makes a decision it is nearly impossible to get that decision changed (although you can file a motion to modify conditions of deferred).

What are some questions I should ask my attorney before accepting deferred?

• What conditions should I expect to have to follow?
• Should I expect a jail sanction?
• Does the State have enough evidence against me to prove the case?
• How often will I have to report?
• Will I be drug tested?
• Will I be eligible for an order of nondisclosure after I finish, and how long will I have to wait?
• Does this offense carry a family violence finding, and how would that affect sealing my record later?

Conclusion

The decision to accept deferred adjudication or to take your case to trial is a big decision to make. Before you make your decision, you need to make sure all your questions have been answered. Our experienced attorneys are here to help you build a winning strategy. Give us a call at (210) 361-3113 today!

Originally published February 6, 2020. Updated September 4, 2026 to address orders of nondisclosure under Chapter 411 of the Texas Government Code and current confinement limits under Article 42A.302 of the Code of Criminal Procedure.