Ending Without A Conviction
Crim. Proc. art. 42A.101 — deferred adjudication after a plea, and dismissal when the period ends
Deferred, after a plea. If the judge believes the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere and finding that the evidence substantiates guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision.
Told the consequences. The judge informs the defendant, orally or in writing, of the possible consequences of violating a condition.
Dismissal and discharge. When the period ends without an adjudication of guilt, the judge dismisses the proceedings and discharges the defendant. The judge may do so earlier, except for an offense that requires registration as a sex offender.
Not a conviction, mostly. A dismissal and discharge is not a conviction for the disqualifications and disabilities the law imposes for one, and is not grounds to deny an occupational license to someone otherwise qualified. But the deferred adjudication is admissible on penalty if the person is later convicted, and the licensing agencies the article names may consider it.
Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed Texas attorney. Sealing has its own page.
Sources for this section (2)
- Crim. Proc. art. 42A.101 — Placement on deferred adjudication community supervision
- Crim. Proc. art. 42A.111 — Deferred adjudication; dismissal and discharge
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.