Deferred Adjudication Rights - Greg Abbott's Townhall 254

This topic contains 2 replies, has 3 voices, and was last updated by Elaine Kittner 11 years, 5 months ago.

Deferred Adjudication Rights

Started by Joey Lowe

I would love to hear my fellow Texans thoughts on the rights of those who have successfully completed deferred adjudication for a crime more serious than a traffic violation. If the terms of the DA are met, should their rights and privileges be restored as promised or detailed in the terms of the plea or should regulatory and/or licensing boards have the right to supercede that agreement?

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Replies

Mike Goldman, 11 years ago

Under Texas Code of Criminal Procedure Chapter 42, deferred adjudication does not become a part of a person’s criminal record. Although the underlying charge might be dismissed, the court does not order the expunction (erasure) of any of these records: the deferred adjudication proceedings; the underlying charge that was dismissed; or the arrest tied to that charge. Both the dismissal order and the initial court order granting deferred adjudication generally remain public records and reportable to the Texas Department of Public Safety (DPS).

Is deferred adjudication under Texas law, as described above, the appropriate approach?

Mike Goldman
Policy Analyst, Texans for Greg Abbott

Elaine Kittner, 11 years ago

“Under Texas Code of Criminal Procedure Chapter 42, deferred adjudication does not become a part of a person’s criminal record”. But as public records and reportable it is still there and can be used to discriminate against the person. I feel if they have paid the price and not done wrong since, that they should not have to worry about that.