Asked 2/6/2016 – Houston, TX

Individual takes Deferred Adjudications to Criminal Solicitation of Minor in Texas and, is informed that its non-conviction upon successful completion of the probation but upon recent background check reveals its still conviction. Plea Bargain states non-conviction but DPS and other agencies disagree and asks defendant to go back to court to fix the issue. The issue is about conviction and nothing else.

Answer

You are correct about deferred adjudication probation; if the probation is successfully completed, the matter will be dismissed and there is no final conviction. A background check performed while the defendant is on probation will still show the case, and even after a dismissal is entered, the case will remain in public view until a non-disclosure is entered. I have found most agencies that perform background checks are not proficient in understanding the disposition codes a court may assign to a case, and if your name appears on a search, it will incorrectly be reported as a conviction. Have your attorney make sure the correct entries were made in the court’s records.