If you are facing a criminal charge in Texas and would like to know more about your options, criminal defense lawyer Henry Wade, of The Wade Law Firm, explains that you have multiple options when facing a charge for a crime that you committed then just pleading guilty and being sentenced. A popular alternative has become deferred adjudication.
What is deferred adjudication? A deferred adjudication is a type of plea bargain agreement that is made between the Texas criminal court and the defendant. In the simplest terms, this refers to having the final verdict of your case postponed until a later time.
How do I enter this plea? In order to receive a deferred adjudication, you will have to plead guilty or no contest to the charge. This is saying to the court that you admit committing the crime in question. If you have no prior arrests or convictions and the court feels you are in good standing, then the judge will likely give you — the defendant — the opportunity to take advantage of this plea bargain.
What happens next? After you receive the deferred adjudication, the judge will give you the opportunity to complete community service hours or alcohol classes depending on your charge. Ultimately, if you follow the judge’s requests, then the criminal charges against you will be dismissed from the court.
Is it still on my record? While a conviction will not appear on your public record, two parts of the charge will be accessible to anyone who does a background check on you, including employers.
- The arrest documents which include items such as police notes, witness statements and photographs.
- The court’s decision for a deferred adjudication. The public will still be able to see that you plead guilty or no contest to the charge and accepted the plea instead of being convicted.
Can I erase it from my record? While you can’t completely erase the charge from your record, you can petition for it to be sealed by filing for an Order of Non-Disclosure. If the order is granted, then all the documents regarding the charge must be sealed to the public. However, since the record is not completely destroyed, this prior charge can be reopened and presented against you in future prosecutions.
How long will it take? Getting your record sealed is decided on a case by case basis and depends on how many similar petitions have been filed with the court. It usually takes a few months.
One of the best ways to learn about all the possibilities you have regarding your case is to hire an experienced lawyer. Not only can your lawyer go over your case with you, but he can also go over all oyour possible options and help you decide which will be the most beneficial for your future.
