Deferred Disposition is a form of probation, which allows for the dismissal of a charge if certain criteria(s) are met. The probationary period is 90 days and begins when the fees are paid.
Advantages of Deferred Disposition
With the successful completion of Deferred Disposition, there is not a final conviction and the complaint may not be used against you for any purpose. A conviction will not be reported. The record of the offense may be expunged by filing a petition under the Code of Criminal Procedure in our Court for most cases which were dismissed and you were found not guilty or in the District Courts for Dallas County. Juvenile offenses may be expunged at the Municipal Court under 106.12 Alcoholic Beverage Code or under Art 45.0216 Texas Code of Criminal Procedure.
To Request Deferred Disposition You Must:
- Appear in person at the Court on or before the appearance date noted on your citation or make your request online here.
- Enter a plea of guilty or no contest and complete an Application for Deferred Disposition.
- Pay the deferred fees in full. In most cases, the deferred fee is $35 above the standard fine amount including state court costs. The deferral period will not begin until the deferred fee is paid.
- If you are under 18 years old and have a Provisional Driver’s License you will be required to take a Defensive Driving Safety course and be retested by the Department of Public Safety. If you are under 25 years old you will have to take a Defensive Driving Safety Course.
You are NOT Eligible for Deferred Disposition if:
- You were charged with speeding 25 miles or more over the speed limit or passing a school bus unless you see the prosecutor.
- You are charged with a violation in a construction or maintenance work zone when workers are present.
- You hold a Commercial Driver's License or held one at the time you were cited for the offense.
Failure to Comply with the Deferred Order:
- You must appear in open court before the Judge and/or;
- A final judgment of Guilty may be entered by the Judge.
- A conviction may be reported to the State as required. Please note that a conviction of an offense under a traffic law of this state or a political subdivision of this state may result in the assessment on your driver's license of a surcharge under the Driver Responsibility Program (Transportation Code 708.105).
- Additional fees and conditions may be assessed.