Deferred Adjudication vs. Straight Probation: Understanding the Differences and Your Future

Deferred Adjudication vs. Straight Probation: Understanding the Differences and Your Future

When facing criminal charges, the terms "probation" and "deferred adjudication" are often discussed as potential outcomes. While both involve a period of supervision, they carry dramatically different consequences for your future, especially regarding potential revocations and the possibility of a non-disclosure (sealing) of your record. Understanding these differences is crucial for making the right legal decision.

What is Straight Probation?

Straight Probation, also known as "adjudicated probation," means you have been convicted of the crime.


  • Conviction: The court formally finds you guilty of the offense. This conviction is on your criminal record.

  • Terms: You are ordered to follow specific conditions for a set period (e.g., reporting to a probation officer, community service, fines, classes).

  • Successful Completion: If you successfully complete all the terms of your straight probation, you have served your sentence, and your conviction remains on your record.

  • Consequences: The conviction will appear on background checks, which can negatively impact employment, housing, and educational opportunities.

What is Deferred Adjudication Probation?

Deferred Adjudication Probation is an agreement where the court defers (postpones) a finding of guilt.


  • No Conviction (Initially): The court does not enter a formal finding of guilt. You are placed on a period of supervision similar to probation.

  • Terms: You must follow court-ordered conditions.

  • Successful Completion: If you successfully complete the deferred adjudication period, the case is dismissed, and no conviction is ever entered on your record.

  • Failure: If you violate the terms, the court can "adjudicate" your guilt, leading to a conviction and potentially the maximum sentence for the original offense.

The Critical Difference: Revocation and Non-Disclosure

The true distinction lies in the implications for future problems (revocation) and sealing your record (non-disclosure).

Revocations

Probation Type

Status Before Revocation

Potential Outcome of Revocation

Straight Probation

Already a conviction

The judge can revoke your probation and sentence you up to the probated sentence agreed to at the original plea.

Deferred Adjudication

No conviction yet (guilt is deferred)

The judge can find you guilty (adjudicate your guilt) and then sentence you up to the maximum punishment for the offense.


Revocation is a very real possibility if you fail to meet the strict terms of your supervision. This is where an attorney's guidance is vital, both at the initial plea stage and throughout the supervision period.

Non-Disclosure (Sealing Your Record)

This is the most significant difference.


  • Straight Probation: Because you were convicted, you are generally not eligible for a Non-Disclosure Order. The conviction remains on your public record forever.

  • Deferred Adjudication: The primary benefit is that upon successful completion and case dismissal, you are often eligible to petition the court for a Non-Disclosure Order.


A Non-Disclosure Order legally seals your criminal record from the general public. While certain government and licensing agencies will still have access, most employers, landlords, and educational institutions conducting background checks will not see the charge. This is often the best possible outcome for maintaining a clean record.

Why You Need Macy Eldredge to Guide Your Case

The complexities of deferred adjudication, straight probation, potential revocations, and the non-disclosure process require a skilled, dedicated attorney.


Macy Eldredge is committed to securing the best possible outcome for your future.


  • Securing the Plea Deal: Macy Eldredge works tirelessly to negotiate for the deferred adjudication agreement, understanding that avoiding a conviction is the most important step for your future. Securing the plea deal for deferred is the foundation for clearing your record later.

  • Dismissal Assurance: Macy Eldredge makes sure you understand how to meet all requirements of your probation, ensuring your case eventually gets dismissed. This active oversight helps prevent technical violations that could lead to a catastrophic revocation.

  • Reduced Rate Non-Disclosure: Following the successful dismissal of your case, Macy Eldredge offers assistance with the non-disclosure process at a reduced rate for former clients. This ensures that the promise of a sealed record is fulfilled smoothly and affordably without having to hire new counsel.


Don't navigate this complex legal landscape alone. Protect your future and your record. Contact Macy Eldredge today to schedule a free consultation.

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