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Deferred Prosecution Agreement

New Braunfels, TX |

Back when I was 18 or 19 I was arrested for a misdemeanor but was granted a Deferred Prosecution Agreement. I followed all of the stipulations with in the time allowed. Now I am trying to fill out my TREC Application - is this something I need to disclose? I have a motion to Dismiss but I do not have the original documents from the case. What information (if any) do I need to get my license?

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Attorney answers 1


If your case was dismissed due to this agreement, as in a pre trial diversion, then you can say you were never convicted of anything. Unless you have had the record of the arrest expunged, it will still show that you were arrested on a background check. You may want to look into getting an expunction first, so your background check will come up clean. On the other hand, if this is deferred adjudication that you are talking about, you will only be able to get an order of nondisclosure, which is not the same as an expunction. Either way, contact an attorney to discuss your options here.



This is deferred prosecution - which in Texas(Tarvis County) is different that deferred adjudication. No plea was entered/stated at any time, nothing is recorded in the clerks office other than a motion to dismiss.

Shawn H. Smith

Shawn H. Smith


Seems like an expunction is the way to go then. They will still see the arrest until you take care of that.

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