The key difference: Straight probation results in a conviction on your record. Deferred adjudication does not. If you successfully complete deferred adjudication, your case is dismissed and no conviction is entered. This distinction affects your employment prospects, housing applications, professional licenses, and more for years to come.
Both probation and deferred adjudication are forms of community supervision in Texas. They allow you to remain in your community rather than serving time behind bars. You’ll report to a probation officer, follow court-ordered conditions, and avoid new arrests. But only one of these options gives you a path to keeping a conviction off your record entirely.
If you’re facing criminal charges in Dallas, understanding this difference could shape the rest of your life. The defense team at Varghese Summersett includes Board Certified criminal defense attorneys and former prosecutors who have handled thousands of probation and deferred adjudication cases across Texas.
What is straight probation in Texas?
Straight probation (also called “regular” or “conventional” probation) is community supervision ordered after a person pleads guilty, pleads no contest, or is found guilty at trial. A conviction is immediately entered on your criminal record. You serve your sentence in the community under supervision rather than in jail or prison.
Under Texas Code of Criminal Procedure Chapter 42A, judges can order probation for most misdemeanors and many felonies. The conviction remains on your record permanently unless you later become eligible for an expunction or order of nondisclosure, which is rare after a conviction.
What is deferred adjudication in Texas?
Deferred adjudication is a special type of community supervision where the judge delays entering a finding of guilt. You plead guilty or no contest, but the judge “defers” the adjudication of guilt. If you successfully complete all the terms, the case is dismissed. No conviction is ever entered.
This matters because many employers, landlords, and licensing boards ask whether you’ve been “convicted” of a crime. With deferred adjudication, you can honestly answer “no” to that question. The arrest will still appear on your record, but you may be eligible to seal it through a petition for nondisclosure under Texas Government Code Section 411.0715.
One limitation: juries cannot grant deferred adjudication. Only a judge can offer this option, which is one reason many defendants choose to accept a plea offer rather than go to trial.
How long can probation or deferred adjudication last?
Texas law sets maximum supervision periods based on the offense level. For misdemeanors punishable by jail time, the maximum is two years. For felonies, supervision can last up to 10 years.
The length of your supervision depends on the offense, your criminal history, and the negotiations between your attorney and the prosecutor. In many cases, a skilled defense lawyer can negotiate a shorter term than the maximum allowed.
Can you get early release from probation in Dallas?
Yes, in most cases. Texas law allows judges to release someone from probation or deferred adjudication after they’ve served at least one-third of their term, if the judge finds early termination serves the best interests of both the individual and society.
You can formally request a review after completing half of your assigned term. The judge must hold a hearing, but granting early release remains at the court’s discretion. Factors that help include completing all required programs, paying all fines and fees, having no violations, and maintaining steady employment.
There’s one exception: Texas law does not permit early release from DWI probation. If you’re on probation for driving while intoxicated, you must complete the full term. However, a judge may allow you to move to non-reporting status after serving at least half your term and may authorize early removal of an ignition interlock device.
What are the conditions of probation and deferred adjudication?
Judges set specific conditions you must follow during your supervision period. Violating any condition puts you at risk of having your probation revoked and being sent to jail or prison.
Standard conditions in Dallas County include reporting to your probation officer monthly for half-hour meetings, submitting to random drug testing, paying monthly supervision fees plus court costs and fines, completing any required classes or counseling programs, performing community service hours, and avoiding any new arrests or violations of law.
You’ll also face restrictions on travel, alcohol and drug use, and who you can associate with. You must get permission before changing your residence or job, and you may be subject to unscheduled home visits by your probation officer. More serious offenses often come with additional conditions like curfews, electronic monitoring, or in-home inspections.
Visit our practice area pages: Dallas Criminal Defense Lawyer, Fort Worth Criminal Defense Lawyer, Houston Criminal Defense Lawyer, Fort Bend Criminal Defense Lawyer, Denton County Criminal Defense Lawyer
Does deferred adjudication stay on your record?
The arrest will remain on your record, but no conviction is entered once you successfully complete your term. This means the charge appears in background check databases, but it shows as “dismissed” or “deferred adjudication completed” rather than as a conviction.
You may be eligible to have the arrest sealed through a petition for nondisclosure. Once sealed, private employers and landlords won’t see the arrest in most background checks. Government agencies and law enforcement can still access sealed records, and certain professions (like healthcare and education) may still see them during licensing reviews.
Eligibility for nondisclosure depends on the offense. Some crimes, including family violence offenses, sex crimes, and murder, can never be sealed. For other offenses, you may have to wait a specified period after completing supervision before you can petition for nondisclosure.
Which offenses are not eligible for probation in Texas?
Texas judges cannot grant probation for certain serious offenses known as “3g offenses,” named for the section of the Texas Code of Criminal Procedure where they were originally listed. These offenses are now found in Article 42A.054.
3g offenses include murder, capital murder, aggravated kidnapping, aggravated sexual assault, aggravated robbery, sexual assault, indecency with a child by contact, injury to a child, elderly individual, or disabled individual (if charged as a first-degree felony), sexual performance by a child, trafficking of persons, compelling prostitution, and certain drug offenses involving children or school zones.
If you’re charged with a 3g offense, a judge cannot offer you probation as part of a plea agreement. However, if your case goes to trial and a jury finds you guilty, the jury may recommend probation for some of these offenses. This is one of the strategic considerations an experienced defense attorney will discuss with you.
Probation is also unavailable for any sentence of 10 years or longer, regardless of the offense.
What happens if you violate probation?
If you violate any condition of your probation or deferred adjudication, the State can file a motion to revoke or a motion to adjudicate guilt. You’ll face a revocation hearing before a judge (not a jury), where the standard of proof is lower than at trial. The State only needs to prove the violation by a preponderance of the evidence, meaning “more likely than not.”
If the judge finds you violated, the consequences depend on your supervision type. For straight probation, the judge can revoke your probation and sentence you to any term up to the maximum for your original offense. For deferred adjudication, the judge can adjudicate you guilty, enter a conviction, and sentence you to any term within the punishment range.
This is why deferred adjudication carries risk. While it offers the benefit of no conviction if you succeed, the full punishment range remains available if you fail. Someone who violates deferred adjudication on a first-degree felony could face up to 99 years or life in prison.
Is probation revocation double jeopardy?
No. The Double Jeopardy Clause of the U.S. Constitution prevents being punished twice for the same offense. But revocation isn’t a second punishment for the original crime. It’s the court finally imposing the sentence that was suspended when probation was granted.
Texas courts addressed this directly in Ex parte Tarver, 725 S.W.2d 195 (Tex. Crim. App. 1986). In that case, a defendant on probation for cocaine possession was charged with assault. The State moved to revoke his probation based on the new offense. The Texas Court of Criminal Appeals held that revoking probation for the drug case while also prosecuting the assault was not double jeopardy because the punishments were for different offenses.
What’s the difference between probation and parole?
These terms are often confused, but they’re different stages of the criminal justice system. Probation is an alternative to incarceration. You serve your sentence in the community under supervision instead of going to jail or prison. A judge or jury grants probation at sentencing.
Parole comes after incarceration. It’s early release from prison, allowing someone to serve the remainder of their sentence under community supervision. The Texas Board of Pardons and Paroles (not a judge) decides whether to grant parole.
Probationers typically have not served time behind bars for the current offense. Parolees have served a substantial portion of their prison sentence before being released. Both groups must follow conditions and report to officers, but the path to supervision is entirely different.
How many people are on probation in Texas?
Texas has one of the largest community supervision populations in the country. According to the Bureau of Justice Statistics, more than 364,000 Texans were on probation in 2022. Dallas County alone supervises tens of thousands of probationers through its Community Supervision and Corrections Department.
Frequently Asked Questions
Can I get deferred adjudication for a DWI in Texas?
Yes, but only for a first-time DWI offense. Texas law now allows deferred adjudication for first DWI charges under certain conditions. However, you cannot get early release from DWI supervision, and the arrest may still affect your driving record and insurance rates.
Will deferred adjudication show up on a background check?
The arrest and deferred adjudication will appear on your record until you successfully petition for an order of nondisclosure. Once sealed, most private employers and landlords won’t see it. Government agencies and certain licensing boards may still have access.
Can I travel out of state while on probation?
Only with permission from your probation officer. You must request and receive approval before any out-of-state travel. Leaving Texas without permission is a violation that could result in revocation.
What happens after I complete deferred adjudication?
Your case is dismissed and no conviction is entered. You should receive documentation of the dismissal. You can then petition for an order of nondisclosure to seal your arrest record, though waiting periods apply depending on the offense.
Is it better to take probation or go to trial?
This depends entirely on the facts of your case, the strength of the evidence, the potential sentence, and your personal circumstances. An experienced defense attorney can evaluate the State’s case, explain your realistic options, and help you make an informed decision.
Facing criminal charges in Dallas? Call Varghese Summersett.
The difference between probation and deferred adjudication could determine whether you carry a conviction for the rest of your life. Getting this decision right requires an attorney who understands Texas criminal law and knows how Dallas County courts handle these cases.
Varghese Summersett has helped thousands of clients navigate the criminal justice system in Dallas, Fort Worth, and throughout Texas. Our team includes Board Certified criminal defense specialists, former prosecutors, and attorneys with decades of trial experience. We know what prosecutors look for and how to position your case for the best possible outcome.
For a free consultation, call us at 214-903-4000.
