If a person receives a 5 year deferred adjudication, is that person a convicted felon?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a person receives a 5 year deferred adjudication, is that person a convicted felon?

,

Asked on February 1, 2015 under Criminal Law, Texas

Answers:

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

Answered 6 years ago | Contributor

If a person receives a deferred adjudication, regardless of how long long the time is, that person is not convicted of the offense.  The finding of guilt is deferred, or held off, to see how they perform on probation.  If they do well, the case is dismissed.  If they violate a term or condition, then they could be subject to revocation.  If a judge revokes their deferred adjudication, then they would be considered convicted. 

I want to emphasis that this is a Texas opinion, not a multi-state opinion.  In Texas, a deferred adjudication cannot be used to enhance a sentence or as a disqualifier for possessing a firearm.  However, other states or governmental entities may consider it a conviction for their purposes.  For example, the feds would not say you were convicted, but could say that you are still subject to an indictment, and are therefore disqualified from possessing a firearm.  Some states, like Oklahoma, will say that once you entered a plea of guilty, you are considered convicted under their enhancement statutes.

If the purpose of asking your question is to tell an employer that you have never been finally convicted of a felony, then you can say that you are not a convicted felon if you were only placed on deferred adjudicaton.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption