The term “deferred adjudication” goes by several other names, including probation before judgment (PBJ), deferred entry of judgment (DEJ), and, perhaps more commonly, adjournment in contemplation of dismissal (ACOD). A deferred adjudication is a type of plea bargain wherein a defendant pleads guilty or no contest to the charges against him. In exchange for this plea, and for the defendant meeting certain requirements set by the court, he may be able to avoid a formal conviction on his record. To explore this concept, consider the following deferred adjudication definition.
Origin
1685–1695 Late Latin (adjūdicātiōn)
With regard to the deferred adjudication procedure, a criminal case still often remains part of a person’s permanent record, even if he receives a deferred adjudication. However, the information the court will disclose varies depending on the jurisdiction. For instance, if a record is “sealed,” or closed to the general public, this does not mean that law enforcement cannot see it. It may also be viewable in certain situations, such as if the person tries to take a job with the military or a governmental agency.
Anyone who receives an offer of deferred adjudication should first consult with his attorney to make sure he understands its terms. For example, a deferred adjudication may include a clause directing certain jurisdictions to prohibit anyone from viewing the person’s record, no matter whether he is applying for a public or private sector job. It all depends on the terms the individual agrees to when he takes his plea.
When applying for a job, the individual may not know whether he should disclose his case in the spot on the application that asks about any prior convictions. However, if he agreed to a deferred adjudication, then the judge did not technically find him guilty, and therefore he did not technically receive a conviction as defined by law.
He must be careful when reading the application though, because some companies ask about “convictions,” while others ask about pleading guilty or no contest. If the application asks the latter, then he must be truthful and put down his deferred adjudication. Even if the wording of the application does not require it, the applicant should still put his deferred adjudication on the application in case the background check pulls it up anyway. That way, the employer does not think he is deliberately trying to hide the truth.
While it may seem like deferred adjudication and probation are the same thing, there are differences between the two. For example, deferred adjudication is actually a type of probation, with probation being supervision of the defendant with certain conditions in exchange for jail time. The below is a list of some of the additional differences between deferred adjudication and probation:
Formal Conviction?
Conviction Goes on the Defendant’s Permanent Record?
Depends on the circumstances of the case