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Getting Your Record Sealed After Deferred Adjudication
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Getting Your Record Sealed After Deferred Adjudication in Texas
Deferred adjudication can be a great option in Texas to avoid having a conviction on your record. But even after completing deferred adjudication, the charges don’t automatically disappear. You have to take action to get the records sealed. This article explains everything you need to know about sealing your record after deferred adjudication in Texas.
What is Deferred Adjudication in Texas?
Deferred adjudication is a type of plea deal in Texas. It allows you to plead guilty or no contest to an offense, but the judge defers making an official finding of guilt.Instead, the judge places you on a period of community supervision, which is similar to probation. As long as you successfully complete the term of community supervision and meet all the conditions, the charges will be dismissed and you avoid a conviction on your record.Deferred adjudication can only be granted by a judge, not a jury. And you have to request deferred adjudication before the trial starts. Once the trial begins, it is no longer an option.
Deferred Adjudication vs Regular Probation
There are two main types of community supervision in Texas – deferred adjudication and regular probation.The main differences are:
- Deferred adjudication – No conviction if completed successfully, charges dismissed.
- Regular probation – Conviction remains on record even if probation completed successfully.
Deferred adjudication is generally considered better than regular probation since you can avoid having a conviction if you successfully complete the requirements.However, deferred adjudication has risks too. If you violate any of the conditions, the judge can revoke your community supervision, adjudicate you guilty, and impose the full sentence.
Sealing Your Record After Deferred Adjudication
Many people mistakenly believe that if they successfully complete deferred adjudication, the arrest and charges will automatically be removed from their record. This is not true.The arrest and charges will remain on your criminal record even after finishing deferred adjudication. There are two ways to seal the records in Texas:
- Expunction – Permanently destroys and removes the records
- Nondisclosure – Seals the records from public view but does not destroy them
Expunction
Expunction is very limited in Texas. You can only expunge a deferred adjudication if:
- It was for a Class C misdemeanor, and
- You successfully completed the deferred adjudication requirements
Any felony or Class A or B misdemeanor deferred adjudication is not eligible for expunction in Texas, even if you completed it successfully.
Nondisclosure
Nondisclosure, also called sealing, is the most common way to remove a deferred adjudication from your record.There are two types of nondisclosure in Texas:
- Automatic – Applies to certain first-time misdemeanors handled through deferred adjudication. The records are automatically sealed once the deferred term is completed.
- Petition – For deferred adjudications not eligible for automatic nondisclosure, you must file a petition in court requesting a nondisclosure order.
The process for getting a nondisclosure order in Texas involves:
- Meeting eligibility requirements
- Waiting the required time period
- Filing a petition in the convicting court
- Attending a hearing
- Judge deciding whether to grant the nondisclosure
Some deferred adjudications have waiting periods before you can file the petition, such as 2 years for certain misdemeanors and 5 years for felonies.Also, certain offenses like crimes of violence and sex offenses are not eligible for nondisclosure at all.
Conclusion
The bottom line is that deferred adjudication does not make your arrest and charges disappear automatically in Texas. To seal the records, you need to go through the petition for nondisclosure process.Consult with an attorney to determine if you are eligible and what options make the most sense in your specific situation. Sealing your record after deferred adjudication requires navigating complex rules, but can help give you a true fresh start.