Early Termination of Deferred Adjudication Probation

This page contains general answers to the most common questions about early termination of deferred adjudication probation in Travis County, Texas. Early termination of "straight probation" is handled differently.

• What is early termination of deferred adjudication probation?
• How soon can someone get off defferred adjudicaiton probation?
• What are the requirements to qualify for early termination?

Please let me know if you have questions that are not answered on this page. Remember, this page contains only general information. Every case is different so you should consult a criminal defense attorney about the specific details of your case.

What is early termination of deferred adjudication probation?

Texas law gives judges the authority to terminate deferred adjudication probation early when the best interest of society and the defendant will be served. This determination is purely based on the judge's opinion; a defendant has no right to early termination of probation. Thus, a judge may choose to require a defendant to serve the entire probationary period.

Some examples of factors that a judge might consider when deciding to grant early termination are the seriousness of the crime, the defendant's overall criminal history, the opinion of the defendant's probation officer, the advice of the prosecutor, and the degree to which probation interferes with the defendant's employment or living circumstances.

Once deferred adjudication probation is discharged, defendants that qualify may file a petition for non-disclosure

How soon can someone get off defferred adjudicaiton probation?

There is no minimum waiting period to be eligible for early termination of deferred adjudication probation but a judge will typically prefer to see defendants serve some minimum period of time, e.g., at least a year for misdemeanors and two years for felonies, before he or she will consider early termination.

What are the requirements to qualify for early termination?

To qualify for early termination of deferred adjudication probation, the defendant:

1. must not have been adjudicated; and
2. must not have been charged with an offense requiring registration as a sex offender;

 

To increase the chances that a judge will grant early termination the defendant should:

1. be an excellent probationer, i.e., follow all of the rules;
2. make all required payments on time;
3. complete any court-ordered counseling, treatment, and classes;
4. complete all community service hours; and
5. satisfactorily fulfill all other conditions of probation.