Probation vs. Deferred Adjudication

These may look similar but they are two different things with different consequences.


Probation (aka Community Supervision) is a conviction with a suspended sentence.  As long as the probationer complies with his conditions of probation, the sentence will stay suspended and he will not have to go to jail.    But it is a conviction for many purposes.  It creates a permanent record regardless of the ultimate outcome of the probation.  The good part is that if probation is revoked, the sentence is limited to the length of the term of probation.  In other words, if the range of punishment for the crime is between two and twenty years, and a person gets six years probation, upon revocation he can only get a maximum of six years to serve.

Deferred Adjudication is different.   The judge accepts a guilty plea, but does not find the person guilty.  Instead, the charge is still pending and the person is placed on conditions that look just like probation.

Advantages:  The good part is that if the deferred adjudication is successfully completed, there will not be a conviction and many times the record can be sealed (non-disclosure).   And while on deferred adjudication, the person can truthfully say he has not been convicted.

The Disadvantage:    The bad side is that if deferred is revoked, the entire range of punishment is open.   In other words, if the range of punishment for the crime is between two and twenty years, and a person gets six years deferred adjudication, upon revocation he can get anywhere between to and twenty years to serve.

In short, deferred adjudication is better . . . . but only if you can do it successfully.


Deferred adjudication is also not available if a person pleads not guilty and goes to trial.