What is deferred adjudication in Texas, and how is it different from probation?

That last point is where most people get surprised. "Dismissed" is not the same as "erased." Below is how Chapter 42A actually works, how deferred adjudication differs from straight probation, what the 2019 DWI change did, and what you can do about your record afterward.

The statute: Code of Criminal Procedure Chapter 42A

Deferred adjudication lives in Chapter 42A, Subchapter C of the Texas Code of Criminal Procedure.

• Art. 42A.101 (Placement). After you enter a plea of guilty or no contest, the judge hears the evidence and, if it substantiates your guilt, the judge may defer further proceedings without entering an adjudication of guilt and place you on deferred adjudication community supervision. Key phrase: the finding of guilt is deferred, not entered.
• Art. 42A.102 (Eligibility). Deferred adjudication is unavailable for certain offenses, including most sex offenses, human trafficking, intoxication assault, and intoxication manslaughter. Murder is generally barred as well, unless the judge affirmatively finds the defendant did not cause the death. For a first Driving While Intoxicated charge under Penal Code § 49.04, deferred is available unless your alcohol concentration was 0.15 or more, or you held a commercial driver's license or commercial learner's permit at the time.
• Art. 42A.111 (Dismissal and Discharge). On successful completion, the judge shall dismiss the proceedings against the defendant and discharge the defendant. The statute says a dismissal and discharge "may not be considered a conviction" for most legal disqualifications or disabilities, but subsection (d) lists exceptions (including later penalty enhancement, certain professional and child-care licensing, and sex-offender treatment settings), so agencies and later courts may still consider it in defined situations.
• Art. 42A.408 (Ignition interlock condition). For a DWI placed on deferred adjudication, the judge generally must order an ignition interlock device. The court can decline to require it only if it makes a finding on the record that the interlock is not necessary for the safety of the community or that requiring it would not be in the best interest of justice.
• A 2025 change raised the stakes for some first DWIs (SB 826). Effective September 1, 2025, a first DWI committed in a school crossing zone while the reduced speed limit applies is a state jail felony under Penal Code § 49.04(e) (no injury, child passenger, or prior offense required). A felony DWI is treated differently from a misdemeanor first DWI for both punishment and later record sealing, so if this applies to you, the eligibility and nondisclosure analysis below can change.

What it means in practice

Deferred adjudication vs. straight probation: the core difference is the finding of guilt. With straight (regular) community supervision, you are convicted (or a finding of guilt is entered), the court assesses a sentence, and then probates it. When you finish, the conviction stays on your record. With deferred adjudication, no finding of guilt is entered while you comply, and a successful term ends in dismissal with no conviction at all. That is the headline advantage.

But deferred carries more exposure on the back end. If you violate a condition of straight probation, the judge can revoke it and send you to jail or prison, but only up to the sentence that was already assessed. If you violate deferred adjudication, the State files a motion to adjudicate, and once the judge adjudicates guilt, you can be sentenced anywhere in the full punishment range for the original offense, up to the maximum. A deferred that looked lighter at the plea can become heavier if it falls apart. This trade-off is the single most important thing to understand before accepting a deferred.

The 2019 change: first-DWI deferred adjudication (House Bill 3582). Before September 1, 2019, DWI could not receive deferred adjudication at all. HB 3582 (86th Legislature) changed that for qualifying first offenses under Penal Code § 49.04, provided the alcohol concentration was under 0.15 and the driver did not hold a commercial license, with a mandatory ignition interlock unless the court waives it. The change applies to offenses committed on or after September 1, 2019.

There is a catch built into the DWI deferred. HB 3582 also amended Penal Code § 49.09(g) so that a DWI resolved by deferred adjudication counts as a prior conviction to enhance a later DWI, but only if the new DWI is committed within five years of the deferred offense. In that window, a "no conviction" deferred can still turn a future first-looking DWI into an enhanced Class A misdemeanor rather than a Class B.

What completion does and does NOT erase. A dismissal under Art. 42A.111 is not an expunction. The arrest, the charge, your plea, and the deferred order all remain in your criminal history and are visible to the public (including many employers and landlords) unless and until you obtain an order of nondisclosure (sealing). Because you were placed on community supervision, a deferred adjudication generally makes you ineligible for an expunction (which destroys the records); the available remedy is nondisclosure, which seals them from public view but still lets law enforcement and certain agencies see them.

Nondisclosure eligibility afterward (Government Code Chapter 411). Once you receive the discharge and dismissal and meet the required conditions in § 411.074 (no disqualifying offenses during supervision, no ineligible offense types), sealing may be available:

• § 411.072: automatic nondisclosure for certain first-time, low-level misdemeanor deferreds, with no petition required for those who qualify.
• § 411.0725: petition-based nondisclosure for felony deferreds (generally a five-year wait after discharge) and for certain enumerated misdemeanor deferreds (generally a two-year wait).
• § 411.0726: petition-based nondisclosure for qualifying first DWI deferreds, generally a two-year wait after discharge, unavailable if the State shows the offense resulted in a motor-vehicle collision involving another person (including a passenger in your own vehicle), and limited to those with no other prior conviction or deferred (other than fine-only traffic offenses).

Deferred adjudication vs. straight probation at a glance

Common Misconceptions

How it affects your case

Deciding whether to take deferred adjudication is a strategy call, not a default. A good defense weighs it against fighting the charge, against a straight-probation offer, and against the collateral consequences that matter to you: a professional license, immigration status, security clearance, CDL, or a job that runs background checks. For a first DWI, we look hard at the interlock requirement, the two-year nondisclosure clock afterward, and the § 49.09(g) five-year enhancement window before recommending a plea.

We also negotiate the terms of a deferred (length of supervision, conditions, early termination potential, and fine amounts) because those details decide whether you actually finish successfully and reach dismissal. And where the evidence is weak, the smarter move may be to litigate rather than accept any plea, since an acquittal or dismissal-before-plea can open the door to an expunction that deferred forecloses. Lance Kennedy Law handles Texas criminal defense from Austin and San Antonio, and the right recommendation depends on the facts of your case; we don't promise outcomes; we build the plan that fits.

Talk to a Texas criminal defense lawyer

Call (737) 324-7540 for a free case review. Lance Kennedy Law, Austin (principal office) and San Antonio. We'll explain whether deferred adjudication fits your case and what it means for your record long-term.

Related Reading

• Orders of Nondisclosure in Texas: Sealing Your Record
• Expunction vs. Nondisclosure: Which One Applies to You (page not yet built)
• First-Offense DWI in Texas: Penalties and Options (page not yet built)
• Community Supervision (Probation) in Texas Explained (page not yet built)
• Motion to Adjudicate: What Happens If You Violate Deferred (page not yet built)