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Is it a conviction in Texas if you plead no contest and the final disposition is "Deferred" or "community supervision expired"?

Austin, TX |

One charge was a class C Misdemeanor for minor in possession of alcohol 5 years ago which I plead no contest to and was put on deferred adjudication. I completed all the terms. The disposition from a self run background check reads "community supervision expired."

I was also arrested for theft of service class B misdemeanor for jumping the fence into a water park. The charge was reduced to a class C trespassing charge in court. I plead no contest and the disposition reads "deferred." I completed the terms of the deal.

Can I say no to the question "have you ever been convicted of anything other than a traffic violation?" This is for the application to take the CPA exam

Attorney Answers 2


From what you describe, so long as you successfully completed the deferred adjudication probations you were placed on, these are not convictions. The charges are dismissed pursuant to completing your deferred so you've been arrested for, but not convicted of these offenses. So in short, you may say NO so long as you successfully completed the deferreds.

Because both were class C misdemeanors and if you successfully completed the deferred you can move to expunge them. Expunging them removes them from your record and they will no longer be on your record for anyone to see. this is a civil process that is somewhat complicated, so if that is something you're interested in, talk to an attorney.

Good luck

Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.

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If you received deferreds on both, then you have NOT been convicted. What deferred adjudication actually means is that the adjudication of guilt (finding of guilt) has been deferred (set off). There is never a finding of guilt if the probationary period is completed (expires) without a revocation or adjudication.

Class C deferreds qualify for expunctions. You should definitely hire a lawyer to file an expunction in civil district court. This would remove both cases off your record completely.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

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