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How do I know the difference between regular probation and deferred adjudication probation?

Houston, TX |

I went to jail for prostitution. I did time served( even got time put towards my court fees because I was held 2 extra days so I didn't have to pay court fees) but was told I can never get this Misdemeanor expunged or seal so I took probation and was told when I finish it successful that I could get it sealed from the general public and only state agencies could see. Is this deferred adjudication? And if so while im on probation and I file for a job how will my background show up to employers?

Attorney Answers 4


  1. You should look at the paperwork from the Court and it should be titled something along the lines of Order of Deferred Adjudication or Judgment of Guilt - Court. The language within the Judgement/Order will state something like "The Court finds there is sufficient evidence to find the defendant guilty of the offense charged and further finds it is in the best interest of the defendant and society for the Court to defer any further ruling at this time" if it is an Order of Deferred. If it is a deferred, you may be eligible for an Order of Non-Disclosure after the term of community supervision is completed. If it is not a deferred, then the only way to get it off of your record is via a Pardon. Based on your comment that you were told it could be set up so only state agencies could see it, it sounds like it is probably a deferred. Right now your criminal history should show an arrest and the actual disposition of the charge. If you obtain an Order of Non-Disclosure, then the general public will not see it on a state issued criminal history. However, many web based background check companies obtain their information from the State at the time of arrest and court and do not bother to update the non-disclosed information. You should take all your paperwork to a criminal attorney for review and to discuss actually eligibility for a Non-Disclosure order.


  2. It sounds like you were on deferred adjudication, but your fact pattern is a bit confusing. If it was, in fact, deferred adjudication, then you have not been convicted of anything and you may apply to have your record sealed once it is completed. The judge likely would have told you that he did not enter a finding of guilt in your case. If you were convicted, then the only way to get this off your record is through a pardon.

    The above answer does not constitute legal advice. You pay for legal advice; this is free.


  3. The official judgment of the court in a criminal case tells what the sentence was, and if the sentence is for probation, whether its deferred adjudication or regular probation.

    If you do not know if you got probation, or if you think you got probation but don't know what kind, the best idea is to consult a reputable criminal defense attorney. Criminal defense attorneys deal with figuring out what a sentence was or a regular basis. So, the attorney you consult should be able to tell you what officially happened to you fairly easily.

    After that, you can talk with the lawyer about whether an order of non-disclosure - what non lawyers sometimes call "sealing" - can be done in your case.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  4. Same answer as stated on your previous question.

    R.J. Alexander's answer to a legal question on Avvo does not establish an attorney-client relationship. You need to hire for this legal concern. You may contact him at (832) 458-1756 or email him directly at rja@rjalexanderlaw.com for prompt legal service. RJ Alexander Law is a law firm situated in Houston, Texas and continually exceeds expectations for clients in all Texas counties.