Deferred Disposition in Texas: Eligibility, Costs, and Dismissal

Deferred disposition in Texas is a court option that lets you resolve a Class C misdemeanor or traffic ticket without a conviction going on your record. Under Article 45.051 of the Texas Code of Criminal Procedure, the judge accepts your plea of guilty or no contest but holds off on entering a conviction, places you on a probationary period of up to 180 days, and dismisses the charge entirely if you meet every condition the court sets.¹ The payoff is a clean driving record, no points, and no reason for your insurer to raise your rates.

How the Process Works

You plead guilty or no contest and waive your right to a jury trial. The judge accepts the plea but stops short of entering a conviction, sets a deferral period of up to 180 days, and lists conditions you must satisfy in that window. Finish everything on time and the case is dismissed. Miss any of it and the court can enter a conviction based on your original plea, with the full fine and any other penalties attached.¹

This option only exists in justice and municipal courts, and only for offenses punishable by fine alone. That covers most Class C misdemeanors: traffic violations, minor theft, disorderly conduct, public intoxication, and similar low-level charges. Anything that carries potential jail time is out of reach.

Who Qualifies

Most people charged with a Class C misdemeanor can ask for deferred disposition, but the judge has discretion to say no. A few categories are blocked by law:

Commercial driver’s license holders cannot get deferred disposition for a moving violation committed while they held the CDL.
Offenses committed in a highway construction or maintenance zone where workers were present are excluded.
If you were caught going 25 mph or more over the posted limit, or at any speed over 95 mph, the driving safety course option that often accompanies deferred disposition is unavailable.

Offenses tied to a motor vehicle crash that caused serious injury or death also fall outside what most courts will grant.¹

An out-of-state license does not disqualify you. The same eligibility rules apply, and you’ll usually need to provide a copy of your license and proof of insurance, just like a Texas resident.

How to Request It

You do not need a lawyer. Most municipal and justice courts let you request deferred disposition in person at the clerk’s window, by mail, or through the court’s website. Make the request before your scheduled court date or arraignment. Ignoring the ticket and missing court costs you the option and can get a warrant issued.

When you request it, you’ll enter your plea and waive the jury trial. Some courts handle the whole thing on paper; others want a brief appearance. If the judge approves, you’ll receive a written agreement spelling out every condition and the deadline to finish each one.

Conditions and Costs During the Deferral Period

The judge sets the deferral period at up to 180 days. Many courts use 90 days for a straightforward traffic ticket. Common conditions include:

No new offenses during the deferral period. A fresh citation is the fastest way to lose the deal.
A state-approved defensive driving course, almost always required if you’re under 25 and often required for older drivers on moving violations. You submit the completion certificate before the deferral period ends.
For offenses involving substance use, especially alcohol-related charges against minors, an approved awareness program and anywhere from 8 to 40 hours of community service.
Payment of standard court costs, and a bond equal to the fine amount to guarantee payment.

The judge can also order restitution to a victim, professional counseling, diagnostic testing for alcohol or controlled substances, or a psychosocial assessment.¹

The Special Expense Fee

When the court dismisses your case at the end of the deferral period, it can assess a “special expense fee.” The statutory cap is the full amount of the fine that was assessed but never imposed at the start of the deferral. If you were facing a $200 fine, the special expense fee can run as high as $200. Budget for it.¹

If You Cannot Afford to Pay

Texas does not jail people for being too poor to pay a fine. Under Article 45.049, the judge can let you work off fines and costs through community service at a credit rate of at least $100 for every eight hours performed. The judge sets the number of hours and the deadline to submit proof. Service can be done for a government agency, a nonprofit, an educational institution, or through approved job training, counseling, or rehabilitation programs. If your finances improve, you can pay the remaining balance at any time and stop the service.²

What Happens If You Miss a Condition

Most people who lose a deferral lose it to a missed deadline, not the original offense. If you fail to meet a condition before the period expires, the court does not quietly enter a conviction. You’re entitled to a show-cause hearing where you appear before the judge and explain why.³

Notice goes to the last address the court has on file. Skip the hearing and the judge can enter the conviction in your absence and impose the full fine. Second chances on a show-cause hearing are rare, so take the notice seriously. Once the conviction lands, the offense goes on your driving record, points accumulate, and your insurance company has what it needs to raise your premium.

What Dismissal Means for Your Record

Finish every condition and the court dismisses the charge, leaving no conviction on your criminal or driving record. Because nothing shows up on the driving record an insurer pulls, there’s no basis for a rate increase.¹

Employment background checks are even cleaner than they are after deferred adjudication. Because deferred disposition only applies to Class C misdemeanors and ends in a dismissal, the Texas Workforce Commission’s guidance is that a person whose case was dismissed has no conviction to disclose when a background check asks only about convictions.⁴

One caveat: the arrest record and court file still exist after dismissal. They won’t show a conviction, but a thorough background check could reveal that you were charged. For most Class C offenses this doesn’t matter. If you want the records gone entirely, you need to take one more step.

Expunging the Record After Dismissal

Texas law lets you petition for expunction, the complete destruction of records tied to the arrest and charge, after a successful deferred disposition. The governing statute is Chapter 55A of the Code of Criminal Procedure, which took effect January 1, 2025 and replaced the old Chapter 55.⁵

For a Class C misdemeanor you file the petition directly in the justice court or municipal court that handled your case. The general waiting period is 180 days from the date of arrest, though the prosecutor can agree to an earlier expunction if the records aren’t needed for a pending investigation. The petition lists your identifying information, the offense and arrest details, and every agency you believe holds records. The court sets a hearing at least 30 days out and notifies each agency. If the court grants the petition, every listed agency has to destroy its records. Filing fees vary by county, and the process typically takes at least three months from filing to a final order.⁵

Once the expunction order is final, you can legally deny the arrest ever happened on job, housing, or any other application that asks.

Not the Same as Deferred Adjudication

These two get confused constantly. Deferred disposition under Article 45.051 covers only fine-only offenses in justice or municipal court, with no probation officer and no formal reporting in most cases. Deferred adjudication under Chapter 42A is a separate mechanism for Class B misdemeanors, Class A misdemeanors, and felonies, with formal community supervision and much heavier consequences for a violation. If someone talks about getting “deferred” on a DWI or felony drug charge, that is deferred adjudication, not what Article 45.051 offers.

1
State of Texas. Texas Code of Criminal Procedure Article 45.051
2
State of Texas. Texas Code of Criminal Procedure Art 45.049
3
Texas Judicial Branch. Frequently Asked Questions Municipal Court Reports
4
Texas Workforce Commission. References and Background Checks
5
State of Texas. Texas Code of Criminal Procedure Chapter 55A