Deferred Prosecution

Is a Deferred Prosecution considered being on probation when asked on employment application?

Answer: NO. Deferred Prosecution/Pre-Trial Intervention are contractual agreements where a prosecutor offers to dismiss the charge against a defendant upon completion of the contract, and a Judge does not accept a plea to any charge under either program. In Travis County, the prosecutors use what they call Deferred Prosecution, and as part of the agreement, the charges against the Defendant are dismissed up front while the Defendant participates in the various parts to complete the contractual agreement. If the Defendant does not complete the program or violates one or more of the terms of the contractual agreement the prosecutor can then refile the original charge(s) and then prosecute the Defendant. However, during the program, if a Defendant is applying for a job, any background check of public records will show the case is dismissed. In other words, a Defendant is not on probation.

Williamson and Bell Counties use what they call Pre-Trial Intervention.” Again, it is a contractual agreement between a Defendant and a prosecutor, whereby the Defendant participates and completes various components of the agreement and ultimately the agreement will be dismissed upon completion of the contractual agreement. Again, if the defendant does not complete the agreement, the defendant will be prosecuted under the original charges. While the agreement is in place, the court will reset the case of for the length of the contract. In other words, the charge under the agreement is on hold with the court but is still pending as far as the court’s record. So, the defendant is not on probation nor considered on deferred adjudication, but instead is still fighting or defending their case during the time of the agreement. When a defendant completes the agreement the case is dismissed as if it had never prosecuted.

Again, the answer to any question is “No” the charges were dismissed.

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