Pretrial intervention in Texas is a prosecutor-run diversion program that pauses your criminal case while you complete a set of conditions; finish them, and the charges are dismissed with no plea, no conviction, and the right to have the arrest expunged from your record. It’s authorized by Texas Government Code Section 76.011 and administered county by county, usually with supervision by the local Community Supervision and Corrections Department.1State of Texas. Texas Government Code GOVT 76.011 Because it happens before any guilty plea, it produces a cleaner outcome than deferred adjudication, and it’s one of the few resolutions that qualifies for full expunction of arrest records.
How PTI Compares to Deferred Adjudication
People confuse the two constantly, and the difference decides what your record looks like a year from now.
Deferred adjudication requires a guilty plea in open court. The judge withholds a formal finding of guilt while you serve a probation term. Complete it and the case is dismissed, but the plea already happened. The arrest and charge stay visible to law enforcement, licensing boards, and certain employers. The most you can obtain afterward is an order of nondisclosure, which seals records from public view without destroying them.
PTI skips the plea. You never stand before a judge and admit guilt on the record. Because no plea is entered and no court-ordered community supervision follows, a completed PTI qualifies for full expunction under the Texas Code of Criminal Procedure, which destroys the records rather than sealing them.2State of Texas. Texas Code of Criminal Procedure 55.01 – Right to Expunction After expunction, you can legally deny the arrest ever occurred.
Who the Program Is For
Eligibility sits entirely with the prosecutor. No defendant has a legal right to PTI, and no judge can order a prosecutor to offer it. County programs vary, but the patterns are consistent.
PTI generally targets first-time offenders facing lower-level, non-violent charges. Both misdemeanors and some felonies can qualify depending on the county. Prosecutors weigh the nature of the offense, the strength of the evidence, and the defendant’s background.
Several categories of offense are almost universally excluded:
- Intoxication offenses. DWI and related charges are excluded in virtually every Texas county.
- Family violence. Assault or other offenses involving family or household members.
- Sex offenses. Any charge that would require sex offender registration.
Prior criminal history is the biggest barrier. A prior conviction disqualifies most applicants, and many counties disqualify anyone with a prior arrest regardless of outcome. Some offices also exclude defendants who already completed a diversion program for a different charge.
What You Sign Away to Get In
Acceptance requires signing a participation agreement that functions as a binding contract with the prosecutor’s office. Read it closely before you sign, because several provisions do not become obvious until things go wrong.
The most consequential is the pre-signed plea used by some counties. You sign a guilty or no-contest plea at the outset, and it sits with the prosecutor while you work through the program. Complete the program and it’s destroyed. Fail, and the prosecutor can file it with the court and secure a conviction without a trial. Not every county uses this, but enough do that you should ask before signing.
You also waive your right to a speedy trial. The program pauses your case for months or years, and the prosecution needs assurance that you won’t later argue the delay was unconstitutional. Travis County’s agreement adds a waiver of the statute of limitations, blocking any later claim that the case took too long to prosecute if you’re removed from the program.3Travis County, Texas. Pre-Trial Diversion
You agree to forfeit credit for anything you completed inside the program if you’re terminated. Fees paid, community service hours, class attendance: none of it carries over to your criminal case.
Conditions, Costs, and Length
The statutory cap on supervision is two years, though many county programs run shorter. Kaufman County caps misdemeanor PTI at twelve months and felony PTI at eighteen.4Kaufman County, TX. Kaufman County Pre-Trial Diversion Program
Day to day, PTI looks a lot like probation. A CSCD supervision officer monitors compliance, and conditions are tailored to the offense. Common requirements include periodic or random drug and alcohol testing at the participant’s expense,4Kaufman County, TX. Kaufman County Pre-Trial Diversion Program offense-specific counseling or treatment, community service in some counties,3Travis County, Texas. Pre-Trial Diversion full restitution to any victim, and monthly supervision fees of around $50 in counties that still charge them.
Program fees vary. Kaufman County charges $500 for felony cases and $350 for misdemeanors.4Kaufman County, TX. Kaufman County Pre-Trial Diversion Program Travis County eliminated both its program fee and supervisory fee.3Travis County, Texas. Pre-Trial Diversion Between the enrollment fee, monthly supervision fees, testing costs, treatment expenses, and any restitution, the total adds up. Ask your attorney about fee waivers if affordability is a concern; indigent defendants can often get program fees reduced or waived.
What Happens If You Violate
Any missed condition can put your participation at risk. A missed appointment might draw a warning. A positive drug test or a new arrest almost always triggers removal.
If you’re terminated, the original charges resume as if the diversion never happened. In counties that hold a pre-signed plea, the prosecutor can present it to the court and move directly toward a conviction. In others, the case returns to the normal prosecution track.4Kaufman County, TX. Kaufman County Pre-Trial Diversion Program Either way, you’ve already waived your speedy trial rights and possibly signed a plea. Don’t accept an offer you aren’t confident you can complete for the full term.
Dismissal and Expunction After You Finish
Complete every condition on time and the prosecutor files a motion to dismiss the underlying charges. The court grants it. No conviction, no plea on record, no finding of guilt.
Texas law entitles anyone who completed a PTI program authorized under Government Code Section 76.011 to expunction of arrest records. The Code of Criminal Procedure provides for destruction of all records and files related to the arrest.2State of Texas. Texas Code of Criminal Procedure 55.01 – Right to Expunction Every agency holding records of the arrest must destroy them, and once the order is granted you can legally deny the arrest ever took place.
Expunction is not automatic. You have to file a separate civil petition after your criminal case is dismissed. The petition carries a filing fee that varies by county, and you must serve notice on every agency that holds records of the arrest. Most people use an attorney for this step. Don’t skip it. Until the expunction order is signed, the arrest record stays accessible through background checks.
A Warning for Non-Citizens
PTI carries a hidden risk if you are not a United States citizen. Federal immigration law defines “conviction” more broadly than Texas criminal law does. Under 8 U.S.C. Section 1101(a)(48), a conviction for immigration purposes includes any case where the defendant admitted sufficient facts to warrant a finding of guilt and the judge ordered some form of punishment or restraint on liberty.5Office of the Law Revision Counsel. 8 USC 1101 – Definitions
If your participation agreement includes an admission of guilt, an admission of facts constituting the offense, or a pre-signed guilty plea, immigration authorities may treat that as a conviction even after the Texas charges are dismissed and the records expunged. The state court sees a clean record. The immigration system may see a deportable offense.
Any non-citizen considering PTI should consult an immigration attorney before signing. A criminal defense attorney who doesn’t practice immigration law may not flag the issue, and by the time the problem surfaces, the damaging admission is already on the record.
Background Checks After Expunction
Expunged information can linger in private databases. Commercial background check companies compile their own records and don’t always update files promptly after a court order. A dismissed charge can keep showing up until the screening company processes the expunction.
Under the federal Fair Credit Reporting Act, background screening companies cannot report arrest records or non-conviction information older than seven years. That clock runs from the date the charge was filed, not the date of dismissal. After that point the arrest should drop off consumer reports regardless of whether you pursued expunction.
If a background check surfaces an expunged record, you have the right to dispute it. Send the screening company a copy of the expunction order and demand correction. Employers using consumer reports must follow FCRA dispute procedures, and screening companies that keep reporting expunged information after being notified can face liability.