Q: I completed deferred adjudication probation however my background check says non adjudication of guilt agreed plea
I'm fixing to have a job interview and was just curious as to why it says non adjudication of guilt instead of deferred or something like that I don't know whay that means the charge was possession of a controlled substance felony State Jail
A:
To get Deferred Adjudication, you have to submit a plea of either Guilty or No Contest and then the court puts you on community supervision (probation) without formally adjudicating you guilty. Then, if you succeed at probation the probation is terminated without an adjudication but if you fail, the state files a Motion to Adjudicate which could cause the judge to find you guilty and send you to State Jail.
The Texas DPS criminal history is probably just reporting the exact text that came over from the county where the case was filed. While the phrase "non adjudication of guilt agreed plea" is technically accurate, it certainly presents you in the worst possible light! Courts in other counties have the decency to report a result like yours as "Deferred Adjudication" or even just "Deferred" so it sounds like somebody in your county is being a bit of a jerk.
As for what you can do about it, you can seek an Order of Nondisclosure five years after the termination of community supervision, assuming you have had no other convictions (for anything other than a traffic offense) during the probation period or during the five year waiting period.
You can also make sure the criminal defense attorneys in your community know about these shenanigans... they might be less likely to recommend that a client accept a Deferred Adjudication offer if the state is going to report it on the criminal history like THAT! That language undermines part of the benefit of Deferred...
A: Deferred adjudication IS non adjudication of guilty. Talk with your attorney about the details of the matter, and also inquire about when you are eligible to file a petition for non-disclosure.
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