What is Deferred Adjudication in Texas?

Attorney Trey Porter
Trey Porter

What is Deferred Adjudication in Texas?

Video Placeholder

A deferred adjudication is a special form of community supervision that allows an individual to avoid the risk of incarceration and a final conviction.

In order to be granted deferred adjudication, a defendant must enter a plea of “guilty” or “no contest” and waive many constitutional rights in exchange for a pathway to dismissal. This typically involves being on community supervision for an agreed period of time and completing and abiding by an agreed set of terms and conditions.

The judge “defers” a finding of guilt during this term. Upon successful completion, the case is dismissed, and there is no final conviction. In some circumstances, the charge can later be sealed or expunged. Learn more.

  • Is Deferred Adjudication Considered a Conviction in Texas?
    No. If a judge grants deferred adjudication, then upon the successful discharge from community supervision the defendant is released from the charge and it is dismissed.
  • Does Deferred Adjudication Stay on Your Record?
    Yes. The disposition (final result) will show as dismissed, but the record of the arrest and prosecution will remain. So, while there is no final conviction, the arrest and charge will appear on background checks, unless expunged or sealed. Learn more.

Is Deferred Adjudication Better than Straight Probation?

Deferred adjudication is better than straight probation. Deferred adjudication begins with no conviction and a guaranteed pathway to dismissal. If all terms and conditions are met by the end of a deferred term, the charge is dismissed. In many cases, the charge can later be sealed through a petition for non-disclosure. Learn more about deferred adjudication vs straight probation here.

  • What are the Risks of Deferred Adjudication?
    The main risk with deferred adjudication is the severity of the consequences for noncompliance. If the State files a Motion to Revoke probation during the period of supervision, the judge can order any punishment they choose, up to the maximum. Learn more.
  • Is Deferred the Same as Dismissed?
    No. Applying for and completing deferred adjudication is not the same as if the case were dismissed by the State for a different reason. While deferred adjudication is the best outcome in many situations, it’s important to review the potential collateral consequences deferred adjudication for a particular charge can have.

Can you get Deferred Adjudication for DWI in Texas?

If you have been charged with DWI in San Antonio on or after September 1, 2019, you may be eligible for DWI deferred adjudication. There are a number of qualifying factors, including blood alcohol concentration (BAC), and whether or not the incident involved an accident. Learn more.


Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

Did like a post? Share it with:
Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.


If you have been arrested and charged with a crime, it’s time to start building your defense.

Related Posts

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts


Explore Our Legal Categories

constitutional rights









What our clients think about us

Unlock the Perks of Choosing Us!


a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
Contact Trey Porter Today
Request a free consultation
Legal Insights Unveiled:
Your Path to Clarity

Results matter when life and livelihood are on the line. DWI arrests are warrantless arrests, and the State is legally bound to a burden of proving the charge beyond all reasonable doubt.

© 2024 Trey Porter | All Rights Reserved