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Deferred Adjudication

In some states, deferred adjudication is available for certain criminal offenses. Deferred adjudication allows an offender to complete some form of probation, often involving counseling and/or community service, instead of going to jail. When the term of probation is complete, the charges are usually dropped, and in some states, the record of the offense disappears.

Deferred adjudication is used most extensively in Texas.  Deferred adjudication can be risky, since a person who fails to satisfy the conditions of probation will usually find himself facing a harsher sentence that he would have if he had taken a plea bargain for jail time.

A deferred adjudication is not a conviction, but it is ordered after a defendant has pleaded guilty or no contest to criminal charges. It allows a judge to delay a final adjudication of guilt or innocence until the probation period is over, and the offender has met all the requirements of his or her probation.

In Texas, a deferred adjudication does not eliminate the record of an offense. In order to do that, the defendant must apply for a non-disclosure order, which is pretty difficult to get in Texas, as it is only available in limited cases. Also, if the offense for which deferred adjudication was granted requires the defendant to register as a sex offender, this obligation remains.

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