What is Deferred Disposition in Texas?

Attorney Trey Porter
Trey Porter

What is Deferred Disposition in Texas?

What is Deferred Disposition in Texas

Deferred Disposition is a type of suspended sentence that can result in dismissal of a Class C misdemeanor in Texas. Deferred Disposition can require several conditions such as a fine, community service, and classes. Successful completion of these conditions leads to a dismissal and, in certain circumstances, expunction of a Class C offense. Learn more.

  • Who is eligible for Deferred Disposition in Texas? Deferred Disposition is only available for Class C misdemeanors in Texas. However, certain misdemeanors are ineligible for Deferred Disposition, including Speeding in a Construction Zone with worker’s present, and moving traffic violations for drivers with a commercial designation (CDL). Learn more.
  • How does Deferred Disposition work in Texas? Judges have sole discretion to grant or deny Deferred Disposition in Texas.  If granted, the judge orders the required conditions and the length of the Deferred Disposition. If all conditions are completed, the case is dismissed at the end of the Deferred Disposition period.

IS DEFERRED DISPOSITION A CONVICTION IN TEXAS?

Deferred Disposition is NOT a conviction in Texas. A judge granting Deferred Disposition defers any finding of guilt for up to 180 days and dismisses the charge upon successful completion. However, neglecting required Deferred Disposition conditions can result in a Class C misdemeanor conviction. 

  • Does Deferred Disposition show on driving record in Texas? Texas drivers who successfully complete Deferred Disposition will have their citation dismissed and not reported to their driving record. However, failure to comply with all conditions can result in a permanent conviction on a driving record.

WHAT IS DEFERRED DISPOSITION FOR A SPEEDING TICKET IN TEXAS?

Deferred Disposition is an effective way to resolve a Speeding violation in Texas. Deferred Disposition for Speeding typically requires a driver to pay a fine, refrain from further similar infractions, and complete a driver’s safety course in some cases. Drivers successfully completing all conditions will have their Speeding citation dismissed and not reported to their driving record.

  • Can you get a Speeding ticket dismissed in Texas? Speeding tickets are dismissed, dropped, and resolved without conviction every day in Texas courts.
  • How do you get a Speeding ticket dismissed in Texas? Deferred Disposition is the most straightforward way to dismiss a Speeding ticket in Texas. A Speeding ticket can also be dismissed if the officer does not appear for trial or does not recall the facts of the case.
  • How long does it take for a speeding ticket to get off your record in Texas? Speeding convictions do not fall off Texas driving records. However, insurance companies and the Texas Department of Public Safety only consider speeding convictions within the last 3 years. This means Texas drivers are only penalized for 3 years following a Speeding conviction.

WHAT IS THE DIFFERENCE BETWEEN DEFERRED DISPOSITION AND DEFERRED ADJUDICATION?

Deferred Disposition is only available with Class C misdemeanors and does not involve community supervision reporting. Deferred Adjudication typically does require in person reporting with a county probation office. The biggest distinction is that expunction is an option following Deferred Disposition while most forms of Deferred Adjudication will only qualify for an order of nondisclosure. Learn more.

  • Is Deferred Disposition better than Defensive Driving in Texas? Resolving a citation through either Deferred Disposition or Defensive Driving will result in a dismissal. Defensive Driving typically involves lower fees, however the requirements may be more onerous. Drivers under 25 must take a Texas driver’s safety course under either option. Drivers older than 25 are not always required to take a driver’s safety course with Deferred Disposition.
  • Can I take Defensive Driving instead of paying a ticket in Texas? Resolving a citation through Defensive Driving still requires paying a fine, though the amount is typically lower than with a conviction or the fees associated with Deferred Disposition. A driver’s safety course is not always required with Deferred Disposition.
  • Will I have to pay Speeding citation if I take Defensive Driving? Yes, Defensive Driving still requires payment of a reduced fine in Texas. Defensive Driving also requires drivers to procure a copy of their driving record to provide to the court. Deferred Disposition, while often more costly, does not always require these additional steps.

CAN I JUST PAY MY TICKET AND NOT GO TO COURT IN TEXAS?

Most Texas courts allow individuals to pay citations without having to personally appear in court. This is not recommended, however, as it will lead to a conviction and potentially drastic collateral consequences. Learn more.

  • Can you clean your driving record in Texas? Texans can clean their driving record through either Deferred Disposition or Defensive Driving, which both result in dismissals if completed successfully. Traffic citation convictions remain on Texas driving records, though insurance companies and DPS are only concerned with convictions in the previous 3 years.
  • Do suspended licenses show up on background checks? A suspended license will not show up on a general criminal background check, which primarily reports criminal arrests and convictions. However, a driving record search will reveal suspended driver’s licenses as well as all infractions leading to the suspension. Driving with a suspended license is a Class C misdemeanor in Texas. Learn more.

HOW LONG IS DEFERRED DISPOSITION IN TEXAS?

Deferred Disposition can last up to 180 days in Texas. A person on Deferred Disposition must complete all conditions and avoid similar violations during the deferral period. Failure to complete Deferred Disposition successfully can result in a permanent conviction.

  • How long can you go without paying a ticket in Texas? Neglecting tickets can lead to an arrest warrant, collections, and potential driver’s license holds. Individuals with citations should make contact with the court at least prior to the first scheduled date on the ticket if payment arrangements will be required.
  • What are Deferred Disposition requirements in Texas? Deferred Disposition requirements vary widely and can include a fine, community service hours, educational classes, educational essays, drug and alcohol testing, and even letters of apology in certain cases. Some offenses are ineligible for Deferred Disposition, including Speeding in a Construction Zone with workers present, and CDL moving traffic violations.
  • Is Deferred Disposition probation? Deferred Disposition is sometimes referred to as probation. While both are forms of suspended sentences, Deferred Disposition does not typically require personal reporting and supervision by county officials, which is standard with Probation.
  • Is Deferred Disposition worth it? Deferred Disposition is a powerful tool available to most Texans charged with Class C misdemeanors. Texans who are able to successfully comply with court-ordered conditions can effectively have their cases dismissed and, in certain cases, completely expunged. Learn more.

TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE

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.

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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.

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