Key Takeaways
- A completed deferred adjudication for a Class A or B misdemeanor or a felony cannot be expunged in Texas.
- It can often be sealed with an order of nondisclosure under Government Code Chapter 411.
- Waiting periods for nondisclosure run from none to five years, depending on the offense.
- Class C deferred disposition is the exception: once completed, it can be expunged.
- A dismissed case is still visible on background checks until it is sealed.
Deferred adjudication ends with the words people want to hear: case dismissed. Many assume that means the record is gone. It is not. The arrest, the charge and the deferred adjudication itself stay on your record and show up on background checks until a court orders otherwise. This guide explains which order you can get.
What Is Deferred Adjudication in Texas?
In short: Deferred adjudication is a form of community supervision under Code of Criminal Procedure Chapter 42A. You plead guilty or no contest, the judge postpones any finding of guilt and places you on supervision, and if you complete it the case is dismissed without a conviction. The record of the arrest and the supervision remains public unless it is sealed.
Because the judge never enters a finding of guilt, a completed deferred adjudication is not a conviction under Texas law. That is a real benefit. But "not a conviction" is different from "not on your record." Employers and landlords who run a background check will still see the arrest, the charge and the deferred adjudication.
One caution: federal immigration law can treat a deferred adjudication as a conviction even though Texas does not. If you are not a U.S. citizen, speak with an immigration attorney before relying on this guide.
Can Deferred Adjudication Be Expunged?
In short: Not for a Class A or Class B misdemeanor or a felony. Chapter 55A makes expunction unavailable when the case involved court-ordered community supervision, and deferred adjudication is community supervision. The exception is a Class C misdemeanor: a completed Class C deferred disposition can be expunged.
Texas expunction law is built for cases that ended without supervision by the court: acquittals, no-bills, and dismissals. Deferred adjudication does not fit, because the court supervised you for the offense.
The exception is at the lowest level. A Class C offense handled by deferred disposition in a justice or municipal court can be expunged after it is completed and dismissed. See expunging a Class C misdemeanor.
How Do You Seal a Deferred Adjudication?
In short: With an order of nondisclosure under Texas Government Code Chapter 411. Some first-time misdemeanor deferred adjudications are sealed automatically under Section 411.072. Most others require a petition under Section 411.0725, with no waiting period for most misdemeanors, two years for certain misdemeanors such as assault and weapons offenses, and five years for felonies.
| Your case | Path | Waiting period after completion |
|---|---|---|
| Qualifying first-time misdemeanor | Automatic, § 411.072 | None; the court issues the order |
| Most other misdemeanors | Petition, § 411.0725 | None |
| Certain misdemeanors, such as assault and weapons offenses | Petition, § 411.0725 | Two years |
| Felonies | Petition, § 411.0725 | Five years |
"Automatic" does not always mean it happened. Some automatic orders are never processed, especially in smaller counties, and the record stays public. Checking whether yours was issued is part of a free eligibility review.
A nondisclosure seals the record from the public, including routine private background checks. Law enforcement and certain licensing agencies can still see it. The nondisclosure page explains what the order does and does not do.
What Makes a Deferred Adjudication Ineligible for Sealing?
In short: Three things. The offense is on the list in Government Code Section 411.074, which includes offenses requiring sex offender registration, family-violence offenses, aggravated kidnapping, murder and injury to a child. You picked up a new conviction or deferred adjudication during the waiting period, other than a fine-only traffic offense. Or the judge finds that sealing is not in the best interest of justice.
- Excluded offenses. Section 411.074 bars sealing for the offenses listed above, and bars a person with one of those offenses in their history from sealing other cases.
- A new offense during the waiting period. A fine-only traffic ticket does not count; other convictions and deferred adjudications do.
- An adjudication of guilt. If the deferred adjudication was revoked and the judge found you guilty, the case is now a conviction and different rules apply.
Is Pretrial Diversion the Same as Deferred Adjudication?
In short: No. In a pretrial diversion or pretrial intervention program you do not enter a plea, and when you finish, the prosecutor dismisses the charge. That kind of dismissal can qualify for expunction. Deferred adjudication involves a plea and court supervision, which is why it leads to nondisclosure instead.
The two are easy to confuse years later, because both end in a dismissal. The difference is in the court's paperwork. If you signed a plea and reported to a probation officer under a judge's order, it was probably deferred adjudication. If you completed a program run by the prosecutor's office and the case was dismissed without a plea, it may have been pretrial diversion, and expunction may be available.
Not sure where your case falls? The eligibility check is free and takes about 10 minutes, or call (469) 437-5674.
Frequently Asked Questions
Yes. Until it is sealed, the arrest, the charge and the deferred adjudication are public record, even though the case was dismissed.
No. A completed deferred adjudication is not a conviction under Texas law because the judge never entered a finding of guilt. Federal immigration law may treat it differently.
For most misdemeanors, as soon as the case is dismissed. Certain misdemeanors, such as assault and weapons offenses, require two years, and felonies require five years.
The passage of time does not change the rule. A Class A, Class B or felony deferred adjudication cannot be expunged, but it may be eligible for an order of nondisclosure.