Texas Code of Criminal Procedure
§ 42A.111 — DISMISSAL AND DISCHARGE
CR § 42A.111Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
Statute text
View on source(a)On expiration of a period of deferred adjudication community supervision imposed under this subchapter, if the judge has not proceeded to an adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge the defendant.
(b)The judge may dismiss the proceedings and discharge a defendant before the expiration of the period of deferred adjudication community supervision if, in the judge's opinion, the best interest of society and the defendant will be served, except that the judge may not dismiss the proceedings and discharge a defendant charged with an offense requiring the defendant to register as a sex offender under Chapter 62.
(c)Except as provided by Section 12.42(g), Penal Code, a dismissal and discharge under this article may not be considered a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense. (c-1) Subject to Subsection (d), an offense for which the defendant received a dismissal and discharge under this article may not be used as grounds for denying issuance of a professional or occupational license or certificate to, or suspending or revoking the professional or occupational license or certificate of, an individual otherwise entitled to or qualified for the license or certificate.
(d)For any defendant who receives a dismissal and discharge under this article:
(1)on conviction of a subsequent offense, the fact that the defendant previously has received deferred adjudication community supervision is admissible before the court or jury for consideration on the issue of penalty;
(2)if the defendant is an applicant for or the holder of a license under Chapter 42, Human Resources Code, the Department of Family and Protective Services may consider the fact that the defendant previously has received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license under that chapter;
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.012(c), eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 638 (H.B. 757), Sec. 1, eff. September 1, 2021.