When on deferred adjudication, what will it say on your record after you have completed and what will it say on the background to employers?

Asked on August 6, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What will happen will depend on what a defendant does after they complete their deferred adjudication and the nature of the offense for which they were on deferred.

A defendant cannot get a deferred adjudication expunged, however, a defendant can apply for what is called an "order of non-disclosure."  This has a very similar effect to an expunction in that general employers will not be allowed to see the deferred adjudication on your record.  If an order of non-disclosure is granted, then a defendant can honestly tell an employer that they were not on a deferred adjudication.

The difference between an expunction and an order of non-disclosure is that an expunction takes the information off of your record completely..... as opposed to an order of non-disclosure which merely limits public access.  Law enforcement, judges, prosecutors, and some governmental entities will still have access to the information.

The process of applying for an order of non-disclosure is fairly easy and quick.  The only hiccup regarding non-disclosures is the nature of the underlying offense.  The code of criminal procedure excludes a handful of offenses from this procedure-- including sex offenses.

If a defendant wants to know if they qualify for a non-disclosure order, they should take a copy of their final paperwork to an attorney that handles non-disclosures.  It's important that the attorney see the final order so they can identify any issues with obtaining the order of non-disclosure.

Until a defendant requests and is granted an order of non-disclosure, then the history of the deferred adjudication will stay on a defendant's records and will be available for viewing by any potential employers.  Even though the case is dismissed, it will also be available to the public.  The record will indicate that a person was on deferred and was dismissed after completion of the deferred adjudication.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What will happen will depend on what a defendant does after they complete their deferred adjudication and the nature of the offense for which they were on deferred.

A defendant cannot get a deferred adjudication expunged, however, a defendant can apply for what is called an "order of non-disclosure."  This has a very similar effect to an expunction in that general employers will not be allowed to see the deferred adjudication on your record.  If an order of non-disclosure is granted, then a defendant can honestly tell an employer that they were not on a deferred adjudication.

The difference between an expunction and an order of non-disclosure is that an expunction takes the information off of your record completely..... as opposed to an order of non-disclosure which merely limits public access.  Law enforcement, judges, prosecutors, and some governmental entities will still have access to the information.

The process of applying for an order of non-disclosure is fairly easy and quick.  The only hiccup regarding non-disclosures is the nature of the underlying offense.  The code of criminal procedure excludes a handful of offenses from this procedure-- including sex offenses.

If a defendant wants to know if they qualify for a non-disclosure order, they should take a copy of their final paperwork to an attorney that handles non-disclosures.  It's important that the attorney see the final order so they can identify any issues with obtaining the order of non-disclosure.

Until a defendant requests and is granted an order of non-disclosure, then the history of the deferred adjudication will stay on a defendant's records and will be available for viewing by any potential employers.  Even though the case is dismissed, it will also be available to the public.  The record will indicate that a person was on deferred and was dismissed after completion of the deferred adjudication.


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