If you’re facing criminal charges in Texas, particularly as a first-time offender, understanding the differences between pretrial diversion vs. deferred adjudication — and whether or not they’re available to you — could be the difference between a criminal record and a second chance.
These two options might sound similar, but they have significant differences that could impact everything from your court experience to your employment prospects years down the road.
Continue reading to get breakdowns on pretrial diversion and deferred adjudication, how they differ, and what you need to know before making this important decision. Or, if you or a loved one is facing criminal charges, call Thiessen Law Firm today at (713) 864-9000 for help.
Is deferred adjudication the same as pretrial diversion?
Although you’ve probably gathered this already: no; deferred adjudication and pretrial diversion are not the same thing, though many people confuse them.
The main difference is where they happen in the legal process:
- Pretrial diversion takes place before you go to court and involves an agreement with the prosecutor.
- Deferred adjudication happens in court, where you’ll plead guilty or no contest before a judge.
Another key difference is the record that remains afterward:
- With pretrial diversion, you may be eligible to have your record completely expunged after completion.
- With deferred adjudication, while you avoid a conviction, the record of what happened stays visible unless you get an order of non-disclosure.
Let’s take a deeper look at how these two options work and, more importantly, when they might be available for you.
What is pretrial diversion in Texas?
Pretrial diversion in Texas is essentially a second chance. It’s a program that allows eligible individuals to avoid prosecution by completing specific requirements set by the prosecutor’s office.
Think of it as a detour that keeps you away from the courtroom altogether. Each county in Texas has its own pretrial diversion program with different requirements and eligibility criteria.
Typically, pretrial diversion is reserved for:
- First-time offenders
- Those charged with non-violent misdemeanors
- People who haven’t used pretrial diversion before
- Offenses that don’t involve gang activities, family violence, or sex crimes
If you qualify, you’ll need to apply for the program, which might involve writing essays about your situation, providing personal documents, and interviewing with a probation officer.
Once accepted, you’ll need to follow a specific program that usually includes:
- Regular drug testing
- Periodic check-ins with a program coordinator
- Counseling or educational programs
- Community service hours
- Staying out of trouble with the law
The program typically lasts anywhere from six months to two years. If you successfully complete all requirements, your charges can be dismissed, and you may be eligible to have your record expunged later.
What is deferred adjudication in Texas?
Deferred adjudication in Texas is also an alternative to conviction, but it works differently than pretrial diversion. With deferred adjudication, you’ll appear in court and plead guilty or no contest to the charges against you.
The key difference is that the judge doesn’t find you guilty. Instead, they defer (postpone) that finding and place you on community supervision, which is basically probation.
Deferred adjudication is available for a wider range of offenses than pretrial diversion, including many felonies, and some first-time DWI charges (yes, although DWI deferred adjudication in Texas did not exist for a long time, it is now possible!).
The conditions of deferred adjudication typically include:
- Regular reporting to a probation officer
- Payment of fines and court costs
- Community service
- Treatment or educational programs
- Drug testing
- Maintaining employment
- Avoiding new criminal charges
If you successfully complete all requirements, the judge will dismiss your case without a conviction on your record. But here’s the catch: unlike pretrial diversion, the court record of your deferred adjudication remains visible unless you obtain an order of non-disclosure. And some offenses aren’t eligible for non-disclosure at all.
Continue reading: What does a background check show in Texas?
Is pretrial diversion a guilty plea in Texas?
No, pretrial diversion in Texas does not involve a guilty plea in court. This is one of the biggest advantages it has over deferred adjudication. With pretrial diversion, you’re making an agreement with the prosecutor to complete certain requirements in exchange for having your charges dismissed. You don’t stand before a judge and formally plead guilty.
This distinction is important because it affects what happens if you don’t complete the program successfully. During pretrial diversion, if you fail to meet the requirements, your case will go back to the traditional prosecution path — without an admission of guilt record, which means you may still qualify for expunction in Texas through other means.
Continue reading: How to expunge your record in Texas
What are the benefits of pretrial diversion?
There are a lot of good reasons to opt for a pre-trial diversion program in Texas, including:
- Clean record potential. After successfully completing the program and getting an expungement, it’s as if the arrest never happened. You can legally say “no” when asked if you’ve been arrested for that offense.
- Avoiding court. You won’t have to go through the stress and uncertainty of court proceedings.
- No guilty plea on record. Unlike deferred adjudication, you don’t have to plead guilty in court.
- Better for your future. Without a criminal record, you’ll face fewer barriers to employment, housing, and education.
- Less expensive. While there are program fees, they’re typically less than the combined costs of court proceedings, attorney fees for a trial, and potential fines.
- Faster resolution. Pretrial diversion often resolves cases more quickly than going through the court system.
What are the cons of pretrial diversion?
Like anything, while pretrial diversion offers many benefits, it’s not without drawbacks. Some potential disadvantages of pretrial diversion programs in Texas include:
- Strict eligibility. Not everyone qualifies. If you have any prior criminal history or are charged with certain types of offenses, you likely won’t be eligible.
- Tough requirements. The program conditions can be demanding and time-consuming, requiring significant commitment.
- Risk of failure. If you don’t complete all requirements, your case goes back to normal prosecution — and prosecutors already have your admission of responsibility.
- Prosecutor discretion. Acceptance into the program is often at the sole discretion of the prosecutor, which can lead to inconsistent application.
Pretrial diversion and deferred adjudication — FAQs
Does pretrial diversion show up on background checks?
If you’re currently in a pretrial diversion program, yes, the arrest and pending charges will typically show up on most background checks.
However, once you successfully complete the program and the charges are dismissed, you may be eligible to have your record expunged. After expungement, the record is legally destroyed and shouldn’t appear on any background check.
But here’s the important part: expungement is not automatic. You must file a petition for expungement after completing the program (which is much easier to do with a Houston expunction lawyer in your corner). Until you get that expungement, the arrest record may still be visible to employers, landlords, and others who run background checks.
How long does pretrial diversion last?
The length of pretrial diversion programs in Texas varies depending on your specific situation and the county where you’re charged.
For most misdemeanor offenses, programs typically last between six months and one year. More serious offenses might require longer participation, sometimes up to two years. Each county sets its own standard program lengths, so what might be a six-month program in one county could be a year-long program in another.
Your individual circumstances might also affect the length of your program. Factors like the nature of your offense, your criminal history (if any), and the specific requirements of your program can all impact how long you’ll need to participate.
Will deferred adjudication keep me from getting a job?
Deferred adjudication can potentially impact your job prospects, but less severely than a conviction would. Here’s what you need to know:
- Unlike pretrial diversion (which can lead to expungement), deferred adjudication creates a court record that will appear on most background checks.
- After successfully completing deferred adjudication, you may be eligible to petition for an order of non-disclosure, which seals the record from most private employers.
- Even with an order of non-disclosure, certain employers — particularly in healthcare, education, and law enforcement — may still be able to see the record.
- Some professional licenses may be affected by deferred adjudication, even after successful completion.
The bottom line: deferred adjudication is better for your employment prospects than a conviction, but not as good as pretrial diversion followed by expungement.
What happens when you complete deferred adjudication?
When you successfully complete deferred adjudication in Texas:
- The judge dismisses your case without a finding of guilt.
- You avoid having a conviction on your record.
- The record of the charge and the deferred adjudication remains in court records.
- After a waiting period, you may be able to petition for an order of non-disclosure.
- With an order of non-disclosure, most private employers and landlords won’t be able to see the record — but unlike going through pretrial diversion, deferred adjudication cannot lead to the record being expunged.
Seek alternative sentencing with Thiessen Law Firm
Weighing your options and making the correct choice between pretrial diversion vs. deferred adjudication in Texas can make your head spin, and these choices will affect your future for years to come.
At Thiessen Law Firm, we pride ourselves on helping our clients get the best possible outcome for their situation — whether that’s pretrial diversion, deferred adjudication, or an outright case dismissal. The best thing you can do whenever you’re facing charges of any kind, is hire an attorney so you can protect your future.
Thiessen Law Firm has gotten 1000’s of cases dismissed for our clients facing tough charges, and we’re standing by ready to defend you.
Don’t let a mistake define your future, get in touch with Thiessen Law Firm at (713) 864-9000 or contact us online to start fighting.
More Helpful Articles by Thiessen Law Firm:
- The Consequences of a Felony Conviction in Texas
- How to Avoid a Suspended License in Texas
- How to Avoid Administrative License Revocation
- What Are the Laws on Gambling in Texas?
- The Open Container Law in Texas
