Misdemeanor Probation Rules in Texas: Length, Costs, and Violations

The rules for misdemeanor probation in Texas run up to two years of supervised release in place of jail, with monthly reporting, random drug and alcohol testing, fees, and a set of conditions the judge tailors to your offense. Break any of them and a judge can revoke your probation on a lower burden of proof than a trial requires, then impose the jail sentence you originally avoided. Which version of probation you’re on — straight probation or deferred adjudication — changes both what happens if you finish clean and what you risk if you don’t.

Straight Probation and Deferred Adjudication Are Not the Same

With straight probation, the judge enters a conviction and then suspends the jail sentence in favor of supervised release. The conviction stays on your record permanently, even after you finish successfully.

Deferred adjudication works differently. You plead guilty or no contest, but the judge holds off on formally finding you guilty. You serve a probation period, and if you complete every condition without a violation, the court dismisses the case without entering a final conviction.¹ That dismissal opens the door to sealing your record, which straight probation does not.

Deferred adjudication carries a hidden risk, though. If you violate, the judge can sentence you to anything within the full punishment range for your offense, not just the sentence originally negotiated.

How Long Misdemeanor Probation Lasts

The maximum probation period for a Texas misdemeanor is two years, whether you’re on straight probation or deferred adjudication.² The judge has discretion to set it shorter. DWI cases follow their own rules and often carry mandatory minimum supervision periods.

The underlying jail exposure that probation is standing in for depends on the class of the offense:

Class A misdemeanor: up to one year in jail and a fine up to $4,000.³
Class B misdemeanor: up to 180 days in jail and a fine up to $2,000.
Class C misdemeanor: a fine up to $500, no jail.⁴

Standard Conditions Everyone Follows

Every misdemeanor probation order includes a baseline set of requirements drawn from the Texas Code of Criminal Procedure:⁵

Commit no new federal, state, or local offense.
Report to your community supervision officer on the schedule set by the court or officer, usually monthly.
Allow the officer to visit your home or workplace without notice.
Stay within the geographic area the judge designates unless you have advance permission to travel.
Maintain employment or actively look for work.
Submit to random testing for alcohol and controlled substances.
Notify your officer promptly of any change in address or job.

Your officer will add department-specific rules at your first meeting. These aren’t optional. Treat every instruction from your officer as a court order, because the statute requires you to follow them.

What Probation Costs

Probation comes with costs that add up quickly. The court orders you to pay any fines assessed at sentencing, all court costs, and a monthly supervision fee that typically runs $25 to $60.⁵ Some courts also order reimbursement of appointed attorney fees if the judge determines you have the means to pay, though the amount cannot exceed what the county actually spent on your defense.

If your case involved a victim, the judge can order you to reimburse the state’s crime victim compensation fund up to $50 for a misdemeanor.⁵ Restitution to the victim can be ordered separately.

Falling behind on payments is one of the most common ways people end up back in court. If you genuinely cannot pay, tell your officer and ask for a payment modification before a violation gets filed. Texas courts must consider your ability to pay before revoking probation for missed payments alone.⁶

Special Conditions Tied to Your Offense

Beyond the standard rules, the judge can add conditions tailored to your case. They’ll be spelled out in the paperwork you receive at sentencing, and they carry the same weight as every other condition. Miss one and it can trigger a revocation.

Community service is one of the most common. Texas caps the hours: up to 200 hours for a Class A misdemeanor and up to 100 hours for a Class B. If your offense was motivated by bias or prejudice, the judge can require at least 100 hours directed toward the group that was targeted.⁷

For DWI offenses, expect an alcohol education program at a minimum. If your blood alcohol concentration was 0.15 or higher, or you have a prior DWI conviction, the judge must order an ignition interlock device on your vehicle. The device tests your breath before the engine will start and locks you out if it detects alcohol.⁸ You pay for installation and monitoring, which typically runs $70 to $150 per month on top of your other fees.

Other frequent conditions include substance abuse counseling for drug charges, anger management for assaults, and no-contact orders when the case involved a specific victim. Electronic monitoring with an ankle bracelet is available for higher-risk defendants.

What Happens If You Violate

A probation violation is not a new criminal charge. It’s a proceeding in your original case. But the consequences can be just as severe. The state files a motion with the court, called a Motion to Revoke for straight probation or a Motion to Adjudicate Guilt for deferred adjudication.⁶ The motion lays out the specific conditions you allegedly broke. The judge usually issues an arrest warrant, and after arrest you must be brought before the judge within 48 hours.

The Burden of Proof Is Lower Than a Trial

The state does not need to prove a violation beyond a reasonable doubt. The standard at a revocation hearing is preponderance of the evidence, meaning the judge only needs to find it more likely than not that you broke a condition.⁶ There’s no jury. The judge decides everything. Evidence that would never hold up at trial can easily meet this bar.

What the Judge Can Do

If the judge finds a violation, the outcomes differ by probation type. On straight probation, the judge can continue your probation with tougher conditions or revoke it entirely; if revoked, the judge can impose any sentence up to the original term, or reduce it to any amount not below the statutory minimum.⁹ On deferred adjudication, the judge can proceed to adjudicate you guilty and then impose any sentence within the full punishment range for the original offense.¹

One timing rule to know: the court keeps jurisdiction to revoke even after your supervision period expires, as long as the state filed its motion and the court issued the warrant before the expiration date.¹ You can’t run out the clock on an outstanding warrant.

Ending Probation Early

You can ask the court to terminate probation early once you’ve completed either one-third of the supervision period or two years, whichever comes first.¹⁰ For a typical two-year misdemeanor probation, that means eligibility after about eight months.

Eligibility isn’t automatic. You’ll need to show the judge that you’ve paid every dollar of fines, fees, court costs, and restitution; completed all ordered programs and community service hours; reported consistently; and stayed out of trouble. Your attorney files a Motion for Early Termination of Community Supervision, and the court holds a hearing. The judge weighs your compliance, the nature of the offense, and input from the prosecutor and your probation officer.

DWI and other intoxication offenses under Sections 49.04 through 49.08 of the Penal Code are permanently excluded from early termination.¹⁰ If you’re on probation for DWI, plan to serve the full term.

Sealing Your Record After Deferred Adjudication

Completing deferred adjudication gets your case dismissed, but the arrest and the deferred adjudication itself still appear on background checks unless you obtain a nondisclosure order. Texas has two paths.

Automatic Nondisclosure

If your offense was a misdemeanor that doesn’t fall under certain excluded Penal Code chapters (which cover assault, sexual crimes, and weapons violations), and you’ve never had a prior conviction or deferred adjudication beyond fine-only traffic offenses, the court must issue an automatic nondisclosure order. It’s issued at dismissal or 180 days after you were placed on deferred adjudication, whichever is later. The filing fee is $28.¹¹

Petition-Based Nondisclosure

If you don’t qualify for automatic nondisclosure, you may still petition the court. For most misdemeanors, you can file immediately after discharge and dismissal. For offenses under chapters covering kidnapping, sexual offenses, assaultive offenses, protective orders, disorderly conduct, public indecency, and weapons, you have to wait two years from the date of dismissal. DWI offenses are excluded from both paths entirely.¹²

A nondisclosure order prohibits law enforcement from releasing your criminal history to the public, including most private employers and landlords. It doesn’t erase the record. Law enforcement and certain government agencies can still access it.

Firearms After a Family Violence Misdemeanor

Standard misdemeanor probation in Texas doesn’t automatically strip your right to possess firearms under federal law. But if your conviction involved domestic violence, even a Class C assault against a family or household member, federal law imposes a lifetime ban on possessing any firearm or ammunition.¹³ The ban survives probation. Completing your sentence does not restore firearm rights under federal law unless the conviction is expunged or you receive a pardon. Many people don’t discover the restriction until a purchase is denied. If your case involved any allegation of domestic or family violence, confirm your firearm status with an attorney before buying or possessing a weapon.

Immigration Consequences If You’re Not a Citizen

A misdemeanor probation can trigger deportation, visa denial, or bars to future immigration benefits, even for offenses that look minor. Federal immigration law uses its own definition of conviction, and a guilty plea with deferred adjudication can count as a conviction for immigration purposes even when Texas state law doesn’t treat it that way.¹⁴

The risk depends on the offense. Theft, fraud, and assault offenses are frequently classified as crimes involving moral turpitude, which can make a non-citizen deportable or inadmissible. Drug offenses beyond simple possession of a small amount of marijuana carry especially harsh consequences. Even a case eventually dismissed after deferred adjudication may create problems if a guilty plea was entered. Non-citizens facing any misdemeanor charge in Texas should consult an immigration attorney before entering a plea.

Moving Out of Texas While on Probation

Transferring supervision to another state is possible through the Interstate Compact for Adult Offender Supervision. Misdemeanor probationers generally qualify if the supervision period is at least one year and the offense involved physical harm, a firearm, a repeat DWI, or a registerable sex offense. For other misdemeanors with shorter terms, the receiving state may still accept a transfer on a discretionary basis.

The process starts with your probation officer, who submits the request to the compact office. The receiving state investigates your proposed residence and either accepts or rejects the transfer. Until it formally accepts supervision, you cannot move. Leaving Texas without approval is itself a probation violation. The process often takes 45 days or more, so plan well ahead if relocation is on the horizon.

1
State of Texas. Texas Code of Criminal Procedure Art 42A.108 – Violation of Condition of Deferred Adjudication Community Supervision
2
State of Texas. Texas Code of Criminal Procedure Art 42A.103 – Judge-Ordered Community Supervision
3
State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
4
State of Texas. Texas Penal Code Section 12.23 – Class C Misdemeanor
5
State of Texas. Texas Code of Criminal Procedure Art 42A.301 – Basic Conditions of Community Supervision
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State of Texas. Texas Code of Criminal Procedure Art 42A.751 – Violation of Conditions of Community Supervision
7
State of Texas. Texas Code of Criminal Procedure Art 42A.304 – Community Service
8
State of Texas. Texas Code of Criminal Procedure Art 42A.408 – Use of Ignition Interlock Device
9
State of Texas. Texas Code of Criminal Procedure Art 42A.755 – Disposition After Revocation
10
State of Texas. Texas Code of Criminal Procedure Art 42A.701 – Early Termination of Community Supervision
11
State of Texas. Texas Government Code Section 411.072 – Procedure for Deferred Adjudication Community Supervision, Certain Nonviolent Misdemeanors
12
State of Texas. Texas Government Code Section 411.0725 – Procedure for Community Supervision Following Conviction, Certain Misdemeanors and Felonies
13
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
14
Office of the Law Revision Counsel. 8 USC 1101 – Definitions