What is deferred adjudication?

Deferred adjudication is a type of probation where, if you successfully complete the terms of your probation, the charges against you are dismissed, and you do not have a formal conviction on your record. It's essentially a deal offered by the court, giving you a chance to avoid a criminal record if you can demonstrate good behavior over a specific period.

Here's a breakdown of important aspects:

• Eligibility: Not everyone is eligible. Eligibility criteria often depend on the nature of the offense, your prior criminal history (or lack thereof), and the specific laws of the jurisdiction. Certain serious crimes or offenses involving violence often disqualify a person from receiving deferred adjudication.

• Plea Requirement: In most jurisdictions, you will be required to enter a plea of guilty or "no contest" to the charges. This plea is held in abeyance (put on hold) while you are on deferred adjudication.

• Terms of Probation: Like regular probation, deferred adjudication involves specific conditions that you must adhere to. These may include:

  • Regular meetings with a probation officer
  • Drug and alcohol testing
  • Community service
  • Paying fines and court costs
  • Attending counseling or educational programs
  • Avoiding further criminal activity

• Successful Completion: If you successfully complete all the terms of your deferred adjudication, the charges are dismissed, and you may be able to seal or expunge the record of your arrest, depending on the jurisdiction's laws. It is important to understand the difference between sealing and expunging records.

• Violation: If you violate the terms of your deferred adjudication (e.g., fail a drug test, commit a new crime), the court can revoke the deferred adjudication, enter a conviction on your record based on your initial plea, and sentence you to the full range of punishment allowed for the offense.

• Record: While successful completion results in a dismissal, the arrest record and the fact that you received deferred adjudication may still be visible in background checks, especially those conducted by law enforcement or government agencies. The ability to clear this record depends on the jurisdiction's expungement laws.

• Consult an Attorney: Deferred adjudication can be complex. If you are offered deferred adjudication, it is crucial to consult with a criminal defense attorney to fully understand the terms, potential consequences, and long-term impact on your record.