If a person receives a 5 year deferred adjudication, is that person a convicted felon?
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If a person receives a 5 year deferred adjudication, is that person a convicted felon?
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Asked on February 1, 2015 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If a person receives a deferred adjudication, regardless of how long long the time is, that person is not convicted of the offense. The finding of guilt is deferred, or held off, to see how they perform on probation. If they do well, the case is dismissed. If they violate a term or condition, then they could be subject to revocation. If a judge revokes their deferred adjudication, then they would be considered convicted.
I want to emphasis that this is a Texas opinion, not a multi-state opinion. In Texas, a deferred adjudication cannot be used to enhance a sentence or as a disqualifier for possessing a firearm. However, other states or governmental entities may consider it a conviction for their purposes. For example, the feds would not say you were convicted, but could say that you are still subject to an indictment, and are therefore disqualified from possessing a firearm. Some states, like Oklahoma, will say that once you entered a plea of guilty, you are considered convicted under their enhancement statutes.
If the purpose of asking your question is to tell an employer that you have never been finally convicted of a felony, then you can say that you are not a convicted felon if you were only placed on deferred adjudicaton.
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