Asked 6/20/2017 – Dallas, TX

I am filling out a rental application and one of the questions asks if the applicant “…has ever been convicted of a crime”. I pled guilty to obstruction of a road way, a class B misdemeanor, and received deferred adjudication. I know that the obstruction and deferred adjudication shows up on a background report. So, should I answer the question with a Yes or No?

Answer

Deferred adjudication probation is not a conviction. The case remains pending during the period of probation, and if all the terms of probation are successfully complied with, the case is dismissed. If, however, a violation of probation occurs during the probationary period, a conviction can be entered and punishment assessed anywhere within the punishment range provided by law. If you successfully completed your probation, the case should have been dismissed. Please note, however, that even after a case has been dismissed, existence of the case will still show up on a standard background check. Talk with your attorney about filing a petition for non-disclosure.