Early Termination of Deferred Adjudication Probation
In cases resolved by deferred adjudication probation, the judge may choose to terminate community supervision early for any case except certain sex crimes.
This page contains general answers to the most common questions about early termination of deferred adjudication probation in Travis County, Texas.
- What is early termination of deferred adjudication probation?
- How soon can someone get off deferred adjudication probation?
- What are the requirements to qualify for early termination?
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. For a quote, call (512) 480-9020 or email firstname.lastname@example.org.
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.
A motion for early termination of community supervision must be filed in the same court that put the defendant on deferred adjudication. This means that, unless the court has a new judge, the decision about whether or not to terminate probation will be made by the same person that originally put the defendant on deferred.
Once deferred adjudication probation is discharged, defendants that qualify may file a petition for order of non-disclosure. If granted, the order provides a limited seal on the arrest records so they will not appear on regular civilian background checks.
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. For example, although it may be technically possible to pursue early termination only one day after the start of probation, that would almost certainly be a complete waste of your time and money, and could very likely backfire.
Since the judge has total discretion, how long is long enough depends on the judge’s personal opinion of the case. A well-written motion for early termination will include persuasive arguments in favor of granting relief but some judges just have their own sense of how long a person needs to be on community supervision. For example, there is at least one judge in Travis County that requires at least a year for misdemeanors and two years for felonies, before considering early termination.
To qualify for early termination of deferred adjudication probation, the defendant:
- must not have been adjudicated; and
- 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:
- be an excellent probationer, i.e., follow all of the rules;
- make all required payments on time;
- complete any court-ordered counseling, treatment, and classes;
- complete all community service hours; and
- satisfactorily fulfill all other conditions of probation.