Thursday, May 2, 2024

How long will my deferred felony show up and give me problems renting?

In Texas, a person who has completed probation for a deferred adjudication is not automatically considered innocent. Deferred adjudication is a type of probation where the court defers a finding of guilt, and if the individual successfully completes the probation, the case is dismissed without a formal conviction. However, the record of the charge still exists and is not erased from public records. To restrict access to this record, the individual must file a petition for non-disclosure after a waiting period, which, if granted, seals the record from private entities.

It’s important to note that deferred adjudication does not equate to a declaration of innocence. The charge remains on the individual’s record, and certain offenses may not even be eligible for non-disclosure. For a person to be considered legally innocent, they would typically need to have the charges against them dismissed without deferred adjudication or be acquitted by a court.

If you’re dealing with rental applications or other situations where criminal history may be a factor, it’s crucial to understand these nuances in Texas law. For specific cases, it’s always best to consult with a legal professional. 

Image above: 159735264 © Franky44 | Dreamstime.com


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