TEXAS Deferred Adjudication?

I've tried to find this answer in Texas Law before. It comes down to "is deferred adjudication a conviction?". Legally deferred adjudication means there is no finding of guilt so you are not convicted, right? "If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pleaded guilty" tells us that you are not convicted (CODE OF CRIMINAL PROCEDURE TITLE 1. CHAPTER 42. JUDGMENT AND SENTENCE Art. 42.12 Sec. 20 http://www.statutes.legis.state.tx.us/docs/CR/htm/... ).

But the problem is that people/companies/government still treat it like it is a conviction.

GC §411.171. DEFINITIONS. (for a CHL)

4) "Convicted" means an adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:

(A) expunged; or

(B) pardoned under the authority of a state or federal official.

So Texas Code of Criminal Procedure - Article 42.12 and Texas Government Code - Section 411.171 are contradicting each other. What will remain on your record is 1. original record of the arrest/police report and 2. record of the action of the court (sentence of deferred adjudication). This issue seems to be up in the air, I think thats the way they want it.

My opinion is that differed adjudication is new, and since the criminal justice system is so slow that it may be 50 years before all of this is worked out.

I got a deferred adjudication back in 1985 it was for 5 yrs for auto burglary I did it in 2 and half yrs it s been 28 yrs and I never got in trouble again Do I qualify to own the right to have a gun

From my experience, I would never tell anyone to take deferred adjucation because you lose your right to a trial and you cannot appeal the judges decision. Basically, you are giving the judge the right to do what ever they want to regarding your case. My partner took a deferred aducation and the judge decided that part of the deferred would be a drug treatment lock up in jail for 6 to 12 months. He will have to wait 3 to 5 months in jail for the jail treatment center to have a bed. So basically, he could spend close to 2 years in jail on a deferred adjudication.