QUESTION

I recently accepted deferred adjudication probation for a felony crime, and my question is I was told after completing the probation it will not go on my record as a felony. While I'm on this probation will I be considered a felon until completion of the probation?

Asked on Sep 01st, 2006 on Criminal Law - Texas
More details to this question:
I recently accepted deferred adjudication probation for a felony crime, and my question is I was told after completing the probation it will not go on my record as a felony. While I'm on this probation will I be considered a felon until completion of the probation?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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No, you are not considered a felon while on probation pursuant to a deferred adjudication agreement. In order to have a felony conviction, there must be both a guilty plea or jury verdict of guilt, and a sentencing. Under most deferred adjudication agreements, the defendant pleads guilty and is placed on probation. Sentencing is postponed until after the probationary period is over. If the defendant successfully completes probation, the guilty plea is vacated and no sentencing occurs. Because sentencing does not occur until the probationary period is over, you cannot be said to be a convicted felon. Keep in mind, however, that should you be found to have violated the terms of probation during the adjudicatory period, and you have already entered a guilty plea, the case will proceed directly to sentencing and at that time, you will have a felony conviction. Also, if you commit a federal offense in the future, deferred adjudications count under the federal sentencing guidelines and could result in a higher sentence for the new offense.
Answered on Sep 01st, 2006 at 12:13 AM

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