What is deferred adjudication?

Deferred adjudication is a court outcome where a judge holds off on formally finding a person guilty and places them on supervision instead. In Texas, which uses this name, the case is dismissed if the person finishes the supervision.¹

In Texas, a judge can use deferred adjudication after a person pleads guilty or no contest and the judge hears the evidence and finds that it substantiates guilt. The judge may "defer further proceedings without entering an adjudication of guilt" and place the person on deferred adjudication community supervision (Tex. Code Crim. Proc. art. 42A.101). The supervision can last up to 2 years for a misdemeanor and up to 10 years for a felony, and a judge can extend it (art. 42A.103). Other states use different names and rules, covered below.

Probation is a sentence for a person who has been found guilty. With deferred adjudication, the judge holds off on a finding of guilt, so no sentence is given unless the judge later finds the person guilty.^1,2

Texas calls both kinds of supervision "community supervision" (art. 42A.001). In one, the judge suspends a sentence after a conviction or plea (art. 42A.053). In the other, the judge defers any finding of guilt (art. 42A.101), though the judge can still impose a fine and conditions, including confinement (art. 42A.104). Deferred adjudication is the judge's choice, not a right, and Texas law rules it out for some offenses (art. 42A.102). Federal law describes probation as a sentence for an individual "found guilty of an offense" (18 U.S.C. § 3551).

In Texas, if the person finishes the supervision and the judge has not found them guilty, the judge must dismiss the case and discharge the person. A dismissal and discharge generally may not be treated as a conviction for legal disqualifications.¹

Art. 42A.111 also lets a judge end the supervision early when that serves the person and society, except for offenses that require sex offender registration. The no-conviction rule has exceptions, including one in Penal Code § 12.42(g). Under art. 42A.111(c-1), and subject to subsection (d), the offense cannot be used as grounds for denying, suspending or revoking a professional or occupational license.

If the person breaks a condition, the judge can go ahead and find them guilty of the original charge and then sentence them. In Texas, the person gets a hearing first, and the hearing is limited to whether the judge will proceed with a finding of guilt.^1,3,4

After a finding of guilt in Texas, the case continues "as if the adjudication of guilt had not been deferred" (art. 42A.110). A judge can still act after the supervision period ends if the prosecutor filed a motion and an arrest warrant (capias) was issued before it expired (art. 42A.108). Maryland says that on a violation the court "may enter judgment and proceed as if the defendant had not been placed on probation" (Crim. Proc. § 6-220(h)). Georgia's court may enter an adjudication of guilt for a violation (§ 42-8-60(d)).

Maryland: probation before judgment

Maryland calls it probation before judgment. A court can stay the entering of judgment, defer further proceedings and place the person on probation if it finds that doing so serves the person and the public.³

Usually the person pleads guilty or no contest, or is found guilty, and gives written consent (Md. Code, Crim. Proc. § 6-220(b)). A person who pleads not guilty can also, with the State's consent, agree in writing to probation before judgment without a finding of guilt (§ 6-220(c)). When the person meets the conditions, the court discharges them from probation, and the discharge is final and "without judgment of conviction" (§ 6-220(i)).

Iowa: deferred judgment

Iowa calls it a deferred judgment. With the person's consent, the court may defer judgment and place them on probation. When they complete probation and pay the required fees, they are discharged without a judgment being entered.⁵

Iowa Code § 907.3(1) sets this up. It applies after a plea of guilty, a verdict of guilty or a special verdict, and has limits on who can receive one (see the Iowa entry below).

Illinois: supervision

Illinois law calls it supervision. After a guilty plea, a stipulation to the facts or a finding of guilt, a court can defer further proceedings and the imposition of a sentence and enter an order for supervision. Conditional discharge is different.⁶

In Illinois, conditional discharge is a sentence the court imposes (730 ILCS 5/5-6-1(b)). Supervision defers the sentence (5-6-1(c)). The two should not be treated as the same thing, even though the names sound alike.

Georgia: first offender

Georgia calls it first offender sentencing. For a person not previously convicted of a felony, the court can defer proceedings before an adjudication of guilt, without entering a judgment of guilt, and place the person on probation or sentence them to confinement.⁴

The person must consent and must have pleaded guilty or no contest or been found guilty (O.C.G.A. § 42-8-60(a)).

Florida: withheld adjudication

Florida's similar option is called withholding adjudication. When a person has been found guilty or has pleaded guilty or no contest, the judge can either adjudge the person guilty or "stay and withhold the adjudication of guilt."⁷

Either way, the court stays and withholds the sentence and places a person with a felony charge on probation. For an offense that is not a felony, the court may place the person on probation "regardless of whether adjudication is withheld" (Fla. Stat. § 948.01(2)). Florida's rules for sealing a case with withheld adjudication are on our Florida page.

In Texas, yes. A dismissal after deferred adjudication does not erase the case: the court clerk's file is not confidential, and it stays public unless a court issues an order of nondisclosure. Some states clear the record on completion; Iowa expunges the court record of a completed deferred judgment (see below).^1,5,8

Art. 42A.106 says the clerk's record "is not confidential" in a deferred adjudication case, with an exception in Government Code § 552.142. Before granting deferred adjudication, the judge must tell the person of their right to receive or petition for an order of nondisclosure, unless the offense or the person's criminal history makes them ineligible.

Texas lets many people ask for an order of nondisclosure after a completed deferred adjudication. It stops criminal justice agencies from giving the record to the public, but it does not erase it. For a first-time misdemeanor of the kind covered by § 411.072, the court must issue the order once the person qualifies and pays a $28 fee.⁸

Other misdemeanors and felonies go through a petition under § 411.0725. The judge decides after notice to the state and a hearing, and issues the order if it is in the best interest of justice. The person can petition after the discharge and dismissal for most misdemeanors, after 2 years for misdemeanors under Penal Code chapters 20, 21, 22, 25, 42, 43 or 46, and after 5 years for felonies (§ 411.0725(e)). Misdemeanor driving-while-intoxicated and boating-while-intoxicated cases have their own section, § 411.0726. Section 411.074 sets other requirements.

A Texas nondisclosure order does not hide the case from everyone. Criminal justice agencies can still share it with other criminal justice agencies and with a list of named bodies, including the State Board for Educator Certification, school districts, the Texas Medical Board, the State Bar of Texas and the Department of Family and Protective Services.^1,8

The same section lets agencies disclose it for criminal justice or regulatory licensing purposes and to the person (Gov't Code § 411.0765). Separately, even after a dismissal and discharge, a later conviction for another offense lets a court or jury consider the earlier deferred adjudication on punishment, and some licensing agencies may consider it (Code Crim. Proc. art. 42A.111(d)).

Federal immigration law can count a deferred case as a conviction even when the state does not. It defines "conviction" to include a case where adjudication of guilt was withheld, if a judge or jury found the person guilty, or the person pleaded guilty or no contest or admitted facts that warrant a finding of guilt, and the judge ordered some form of punishment, penalty or restraint on the person's liberty.⁹

The definition is in 8 U.S.C. § 1101(a)(48)(A). It applies to people who are not U.S. citizens. Whether a particular state program meets the definition depends on the terms of the case.

For federal gun law, the law of the place where the case was heard decides what counts as a conviction. The statute says what constitutes a conviction "shall be determined in accordance with the law of the jurisdiction in which the proceedings were held."¹⁰

The same definition says a conviction that has been expunged or set aside, or for which a person has been pardoned or had civil rights restored, does not count under that chapter of federal law, unless the order expressly says the person may not have firearms (18 U.S.C. § 921(a)(20)). For a state case, how a deferred case is treated therefore depends on that state's law.

Under the federal Fair Credit Reporting Act (FCRA), a screening company generally cannot report a record of arrest that is more than seven years old, or older than the statute of limitations if that is longer. The seven-year limit does not apply to records of convictions.¹¹

The FCRA section (15 U.S.C. § 1681c(a)) lists "records of arrest" and carves out "records of convictions of crimes" from its seven-year rule for other adverse items. These limits do not apply to a report used for a job paying $75,000 or more a year, or for credit or life insurance of $150,000 or more (§ 1681c(b)). The section does not mention deferred cases, so it does not say which group a deferred case falls into.

After a Texas nondisclosure order, you are not required to say on an application for employment, information or licensing that you were the subject of the criminal proceeding. A private company that compiles and sells criminal history for pay must destroy and stop sharing the record once it has notice of the order.⁸

These rules are in Gov't Code §§ 411.0755 and 411.0851(a). The state sends orders to private companies that buy records from the Department of Public Safety (§ 411.075(b)). A private company that shares the information anyway can be liable for damages, court costs and attorney's fees (§ 411.0851(c)). The agencies listed in § 411.0765 can still see the record.

Maryland

In Maryland, probation before judgment requires the person's written consent. By taking it, the person gives up the right to appeal the judgment of guilt. A discharge after finishing probation is not a conviction for legal disqualifications.³

The court can set conditions such as a fine, restitution or a rehabilitation program, and can order a term of custodial confinement or imprisonment (Crim. Proc. § 6-220(d)). The court cannot use probation before judgment in some situations, such as certain repeat impaired-driving cases within 10 years (§ 6-220(f)).

Iowa

In Iowa, a court cannot give a deferred judgment to someone previously convicted of a felony, and the section does not apply to a forcible felony. When probation ends and what the person owes in the case is paid, the court record of the deferred judgment is expunged.⁵

A court also cannot defer judgment if the person was granted a deferred judgment or similar relief two or more times before the offense, or in a felony case within the previous five years (Iowa Code § 907.3(1)(a)). The expunction is in § 907.9(4)(b); in Iowa, "expunged" means the record is moved to a secure database and kept from public access (§ 907.1(3)). The state still keeps a permanent confidential record on the deferred judgment docket, which only listed courts and agencies can see (§ 907.4).

Illinois

In Illinois, a court cannot order supervision for a felony or for certain Class A misdemeanors. Supervision generally cannot last longer than 2 years, and a discharge and dismissal "shall be deemed without adjudication of guilt."^6,12

The judge must find that the person is not likely to commit further crimes and that the person and the public would be served most by the person not receiving a criminal record (730 ILCS 5/5-6-1(c)). Illinois bars sealing or expunging the arrest record of a person placed on supervision for a DUI (5-6-3.1(f)). Other offenses and conditions are listed in the statutes.

Georgia

In Georgia, first offender sentencing is open only to people not previously convicted of a felony, and the court must first review the person's record at the Georgia Crime Information Center. A person who completes the sentence "shall be exonerated of guilt and shall stand discharged as a matter of law."⁴

The clerk must note on the docket that the discharge "completely exonerates the defendant of any criminal purpose" and the person "shall not be considered to have a criminal conviction," except for sex offender registry requirements and employment covered by § 42-8-63.1 (O.C.G.A. § 42-8-60(b), (e), (h)).