Differences between Deferred Adjudication and Probation

Deferred Adjudication vs. Probation

Deferred adjudication and probation are two forms of community supervision in the United States criminal justice system that allow an individual to remain in the community instead of serving time in jail or prison. While both involve complying with conditions set by a court, a key distinction lies in the entry of a formal conviction. Probation is a sentence that follows a conviction, whereas deferred adjudication offers a path to avoid a conviction altogether.

In a typical probation sentence, an individual is formally convicted of a crime, but the jail or prison sentence is suspended. They are then released into the community under the supervision of a probation officer for a specified period.

Deferred adjudication, available in many jurisdictions, works differently. In this arrangement, a defendant typically pleads "guilty" or "no contest," but the court delays or "defers" a finding of guilt. The individual is then placed on a period of community supervision with conditions similar to probation. If all conditions are met successfully, the charges are dismissed, and no formal conviction is entered on the person's criminal record. However, the arrest and the deferred adjudication itself may still appear on their record unless it is sealed through a separate legal process.

Comparison Table

Category	Deferred Adjudication	Probation
Conviction Status	No conviction is entered if completed successfully; charges are dismissed.	Involves a formal conviction on one's criminal record.
Plea	Typically requires a "guilty" or "no contest" plea, but the court defers finding guilt.	Follows a guilty plea or a finding of guilt after a trial.
Criminal Record	The arrest and deferred adjudication may remain on a record but can often be sealed through a petition for non-disclosure.	The conviction remains permanently on an individual's criminal record.
Consequences of Violation	A judge can impose a sentence up to the maximum for the original charge.	A judge can revoke probation and impose the original suspended sentence.
Eligibility	Often available for first-time offenders and is not an option for certain offenses, such as DWI in some jurisdictions.	Eligibility is generally broader and can apply to a wider range of offenses.
Availability	Not available in all states; laws and program names vary by jurisdiction.	Available in all states as a sentencing option.

Venn diagram comparing Differences between Deferred Adjudication and Probation

Violation of Terms

The consequences for violating the terms of supervision differ significantly between the two. If a person on standard probation violates the conditions, the court can revoke the probation and order the individual to serve the original jail or prison sentence that was suspended.

For deferred adjudication, a violation can lead to more severe outcomes. If the court finds the individual has violated the terms, the judge can proceed to adjudicate guilt and then has the full range of punishment available for the original offense, up to the statutory maximum. This means the potential sentence is not capped at a previously agreed-upon term as it often is with a probation violation.

Record Clearing

A significant advantage of deferred adjudication is the potential to seal the record from public view. After successfully completing the term, an individual can often petition the court for an order of non-disclosure, which prevents private entities like employers from seeing the record during background checks. However, law enforcement and certain government agencies may still have access. Expungement, the complete removal of a record, is generally not an option for deferred adjudication cases, except for certain misdemeanors.

For a standard probation sentence, the conviction is final and remains on the individual's criminal record permanently. It cannot be sealed or expunged. This can create long-term barriers to employment, housing, and professional licensing.