Texans accused of eligible offenses often agree to accept what is known formally as deferred adjudication community supervision. This is similar in many respects to what is usually referred to as probation, but is called community supervision within the state’s Penal Code. Like standard community supervision, the defendant usually avoids incarceration, but when a judge issues a deferred adjudication, the individual is able to avoid a criminal conviction. 

A deferred adjudication order includes several conditions typically associated with probation. For example, the defendant might have to pay a fine, provide restitution to the victim, complete community service and avoid alcohol and drugs. If you don’t violate the terms of order, the prosecution giving rise to your deferred adjudication will be dismissed. However, you could still face negative effects down the road. 

In Texas, the record of a deferred adjudication is not automatically sealed under the state’s expunction law, but it can be sealed if you take action to do so. To seal your record, you must do the following:

• Complete the period of deferred adjudication.
• Wait for the required timeframe (often two years) following the end of the probationary period without committing another offense.
• File a petition for nondisclosure with the court.

If the court grants your petition, your deferred adjudication record will be sealed. This means that your record will be kept confidential and will not be accessible to the public.

There are several potential benefits to sealing your deferred adjudication record. Many employers conduct background checks, and a deferred adjudication can be a red flag. Expunction prevents companies from using the incident against you. If you’re looking to attend college or move into an apartment, schools, landlords and public authorities often require applicants to submit to criminal background checks. You do not have to disclose a sealed deferred adjudication.

Individuals who previously received a deferred adjudication often don’t realize that it is still visible to the public even if they complied with all of the conditions set forth by the judge. You should contact a Texas expunction attorney if you want to shield a deferred adjudication or another type of record from view. 

At Tylden Shaeffer, Attorney at Law, P.C. in San Antonio, I advocate on behalf of Texas clients who seek to seal records related to adult and juvenile offenses. For a free consultation, please call (210) 227-1500 or contact me online.