Tex.
Code of Crim. Proc. Article 42A.110
Proceedings After Adjudication
(a)
After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant’s appeal, continue as if the adjudication of guilt had not been deferred.(b)
A court assessing punishment after an adjudication of guilt of a defendant charged with a state jail felony may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed, regardless of whether the defendant has previously been convicted of a felony.(b)
The judge may dismiss the proceedings and discharge a defendant before the expiration of the period of deferred adjudication community supervision if, in the judge’s opinion, the best interest of society and the defendant will be served, except that the judge may not dismiss the proceedings and discharge a defendant charged with an offense requiring the defendant to register as a sex offender under Chapter 62 (Sex Offender Registration Program).(c)
Except as provided by Section 12.42 (Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony)(g), Penal Code, a dismissal and discharge under this article may not be considered a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense.(c-1)
Subject to Subsection (d), an offense for which the defendant received a dismissal and discharge under this article may not be used as grounds for denying issuance of a professional or occupational license or certificate to, or suspending or revoking the professional or occupational license or certificate of, an individual otherwise entitled to or qualified for the license or certificate.(d)
For any defendant who receives a dismissal and discharge under this article:(1)
on conviction of a subsequent offense, the fact that the defendant previously has received deferred adjudication community supervision is admissible before the court or jury for consideration on the issue of penalty;(2)
if the defendant is an applicant for or the holder of a license under Chapter 42 (Regulation of Certain Facilities, Homes, and Agencies that Provide Child-care Services), Human Resources Code, the Department of Family and Protective Services may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license under that chapter;(3)
if the defendant is an applicant for or the holder of a license to provide mental health or medical services for the rehabilitation of sex offenders, the Council on Sex Offender Treatment may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license issued by that council; and(4)
if the defendant is an applicant for or the holder of a professional or occupational license or certificate, the licensing agency may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license or certificate if:(A)
the defendant was placed on deferred adjudication community supervision for an offense:(i)
listed in Article 42A.054 (Limitation on Judge-ordered Community Supervision)(a);(ii)
described by Article 62.001 (Definitions)(5) or (6);(iii)
committed under Chapter 21 (Sexual Offenses) or 43 (Public Indecency), Penal Code; or(iv)
related to the activity or conduct for which the person seeks or holds the license;(B)
the profession for which the defendant holds or seeks a license or certificate involves direct contact with children in the normal course of official duties or duties for which the license or certification is required; or(C)
the defendant is an applicant for or the holder of a license or certificate issued under Chapter 1701 (Law Enforcement Officers), Occupations Code.(e)
A judge who dismisses the proceedings against a defendant and discharges the defendant under this article:(1)
shall provide the defendant with a copy of the order of dismissal and discharge; and(2)
if the judge determines that the defendant is or may become eligible for an order of nondisclosure of criminal history record information under Subchapter E-1 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, shall, as applicable:(A)
grant an order of nondisclosure of criminal history record information to the defendant;(B)
inform the defendant of the defendant’s eligibility to receive an order of nondisclosure of criminal history record information without a petition and the earliest date on which the defendant is eligible to receive the order; or(C)
inform the defendant of the defendant’s eligibility to petition the court for an order of nondisclosure of criminal history record information and the earliest date the defendant is eligible to file the petition for the order.
Source:
Article 42A.110 — Proceedings After Adjudication, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.110 (accessed Apr. 13, 2024).
