Deferred Adjudication: A Second Chance Option in Texas Theft and Fraud Cases

In the Texas criminal justice system, not all criminal convictions are created equal—and not every case must end in jail time or a permanent record. For many first-time offenders facing theft or fraud charges, deferred adjudication offers a unique second-chance opportunity. It allows eligible defendants to avoid a final conviction if they complete court-ordered supervision successfully.

In this how-to post, we’ll walk through everything you need to know about deferred adjudication in Texas: how it works, who qualifies, what it involves, and how it can impact your future.

What Is Deferred Adjudication?

Deferred adjudication is a form of community supervision (probation) in which a judge defers a finding of guilt and places the defendant on probation for a set period. If the defendant complies with all conditions and completes the probation term, the case is dismissed.

Critically, although the case does not result in a conviction, the plea of “guilty” or “no contest” is still entered at the beginning of the process.

Statutory Authority in Texas

Deferred adjudication is governed by Article 42A.101 of the Texas Code of Criminal Procedure. The law states that a court may grant deferred adjudication when:

• A defendant pleads guilty or no contest
• The court believes it is in the best interest of justice to suspend adjudication
• The offense is eligible under Texas law

However, deferred adjudication is not available for all charges, particularly certain violent crimes and offenses requiring mandatory prison time.

Who Is Eligible for Deferred Adjudication?

Eligibility often depends on a variety of factors, including:

• The nature of the charge: Most misdemeanors and some felonies, including theft, fraud, and credit card abuse, may qualify.
• Prior criminal history: First-time offenders are more likely to receive this option.
• Prosecutorial discretion: The district attorney must agree, and some counties in Texas are more inclined to offer deferred adjudication than others.
• Judicial approval: Even with agreement from both sides, the judge must approve the deal.

Deferred adjudication is commonly used in:

• First-time shoplifting or petty theft cases
• Employee theft (non-violent)
• Check fraud, debit/credit card abuse
• Medicaid or insurance fraud

How the Deferred Adjudication Process Works

1. Plea Bargaining

Your defense attorney and the prosecutor negotiate a deal. You agree to plead guilty or no contest in exchange for deferred adjudication rather than a traditional conviction.

2. Court Acceptance

The judge will confirm your understanding of the agreement and accept the plea. If approved, the judge does not find you guilty but instead defers the finding.

3. Community Supervision (Probation)

You’ll be placed under supervision with conditions such as:

• Regular reporting to a probation officer
• Restitution to any victims
• Drug or theft education classes
• Community service
• Fines and court fees
• No new criminal offenses

Terms may last from six months to ten years, depending on the offense.

4. Successful Completion and Dismissal

If you comply with all the terms, the judge dismisses the case, and there is no formal conviction.

What Happens If You Violate the Terms?

Deferred adjudication is a serious legal commitment. If you violate the conditions, the court can revoke your probationand proceed with adjudication, which often results in a full conviction and sentencing on the original charge.

Common violations include:

• Missing probation appointments
• Failing drug tests
• Committing new offenses
• Not paying restitution

Once revoked, deferred adjudication is off the table, and you face the full range of punishment.

How Is Deferred Adjudication Different from Regular Probation?

Both deferred adjudication and regular probation require a defendant to enter a guilty or no contest plea before the court. However, the key difference lies in what happens after the plea.

With deferred adjudication, the judge does not find you guilty at the time of your plea. Instead, the court "defers" a finding of guilt and places you on community supervision. If you successfully complete the terms of your supervision, the case is dismissed and you avoid a final conviction. This often makes you eligible to seal your record through an order of non-disclosure, depending on the offense and your criminal history.

In contrast, regular probation follows a formal finding of guilt by the judge. You are convicted and sentenced, but the jail or prison time is suspended while you serve probation. Once completed, the conviction remains on your record, and in most cases, you’re not eligible to have the record sealed.

Understanding this distinction is crucial when deciding how to resolve a criminal case. A knowledgeable attorney near you can help you weigh your options and pursue the path that best protects your future.

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Can You Seal Your Record After Deferred Adjudication?

Yes—in most theft and fraud cases, you may be eligible for a nondisclosure order under Texas Government Code Chapter 411.

This order seals the record from public view, including employers and landlords. You must meet specific criteria:

• You must complete deferred adjudication successfully
• Certain waiting periods apply (e.g., two years for misdemeanors, five years for some felonies)
• You must not have been convicted or placed on deferred adjudication for another offense during the waiting period

Some offenses (like violent felonies or sex crimes) are not eligible for nondisclosure.

Benefits of Deferred Adjudication

• Avoids a formal conviction
• Opportunity to rehabilitate without prison
• Preserves eligibility for jobs, housing, and professional licenses
• May lead to record sealing through nondisclosure

Drawbacks and Considerations

• You must plead guilty or no contest
• A violation leads to full conviction
• Some background checks (e.g., for government jobs or immigration) may still reveal the case
• Not all offenses are eligible
• Immigration consequences may still apply for non-citizens

Real-World Example

Case:

A 19-year-old college student is arrested for using a stolen debit card to make $300 in purchases.

Outcome:

• Charged with credit card or debit card abuse (a state jail felony)
• Accepts a plea deal for deferred adjudication
• Serves one year of community supervision with financial literacy classes and restitution
• Upon successful completion, the case is dismissed
• Two years later, files for nondisclosure, sealing the record from public view

Conclusion

Deferred adjudication can be a life-changing second chance, especially in theft and fraud cases where a conviction could derail a career, education, or family stability. It requires legal strategy, compliance, and a commitment to rehabilitation, but it offers a path to recovery and a clean slate.

Call to Action

If you’re facing theft or fraud charges in Texas and wondering whether deferred adjudication is right for you, contact Walker Law Office today. Our team has helped hundreds of clients avoid convictions and build a path forward through strategic legal defense.

📞 Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule your consultation.

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