Community supervision in Texas is what most people call probation: a court order that keeps a defendant in the community, under conditions, in place of serving a jail or prison sentence. It’s governed by Chapter 42A of the Code of Criminal Procedure, which sets out who qualifies, what the judge can require, how long supervision lasts, and what happens if the defendant slips up.1State of Texas. Texas Code of Criminal Procedure Article 42A.053 The chapter recognizes two very different forms of supervision, and the difference between them shapes almost everything that follows.
The Two Forms: Regular Supervision and Deferred Adjudication
Regular community supervision is the classic version. After a conviction or guilty plea, the judge suspends the prison or jail sentence and places the defendant under supervision instead.1State of Texas. Texas Code of Criminal Procedure Article 42A.053 The conviction stays on the record during supervision and after it ends. If the defendant completes every condition, the suspended sentence is never carried out, but the conviction itself is permanent. A judge can also impose a fine and place the defendant on supervision without suspending a jail sentence at all.
Deferred adjudication works differently, and the difference matters. After the defendant pleads guilty or no contest, the judge finds the evidence supports guilt but does not enter a formal conviction. The proceedings are deferred and the defendant is placed on supervision.2State of Texas. Texas Code of Criminal Procedure Article 42A.101 If every condition is satisfied, the judge dismisses the case and discharges the defendant with no adjudication of guilt.
That dismissal is not treated as a conviction for most legal purposes, including most professional licensing decisions. It is not a clean slate, though. A completed deferred adjudication can still be used against the defendant at sentencing for a future offense, and certain licensing agencies dealing with children or sex offender treatment can consider it.3State of Texas. Texas Code of Criminal Procedure Article 42A.111 The trade-off comes if things go wrong: because guilt was never formally entered, a violation exposes the defendant to the full punishment range for the original charge, not just whatever sentence a judge originally announced.
Who Qualifies for Community Supervision
Eligibility turns on the offense, the sentence length, and whether a judge or jury is deciding. A judge cannot grant regular supervision if the sentence exceeds ten years of imprisonment.1State of Texas. Texas Code of Criminal Procedure Article 42A.053 Beyond that ceiling, a long list of serious offenses in Article 42A.054, still known in Texas practice as “3g offenses,” bars judge-ordered supervision entirely.4State of Texas. Texas Code of Criminal Procedure Article 42A.054
The 3g list includes murder and capital murder, aggravated kidnapping, trafficking of persons, continuous sexual abuse, indecency with a child, sexual assault and aggravated sexual assault, first-degree injury to a child, aggravated robbery, stalking, compelling prostitution, sexual performance by a child, child pornography offenses, criminal solicitation of a capital offense, higher-level fentanyl manufacture or delivery, and using a child in a drug offense. The broadest category is a catch-all: any felony where a deadly weapon was used or exhibited, or where the defendant participated knowing a weapon would be used, falls under the bar even when the underlying charge isn’t on the list.4State of Texas. Texas Code of Criminal Procedure Article 42A.054
Jury-Recommended Supervision
A jury can recommend supervision even for offenses a judge cannot grant it on. When the jury does so in its verdict, the judge is required to follow that recommendation, provided the defendant filed a sworn statement before trial that they have never been convicted of a felony in any state and the jury found that statement true.5State of Texas. Texas Code of Criminal Procedure Article 42A.055 The ten-year sentence cap still applies: a defendant sentenced above that is not eligible for jury-recommended supervision either.6State of Texas. Texas Code of Criminal Procedure Article 42A.056
Conditions the Court Can Impose
Every supervision order comes with a written list of requirements.7State of Texas. Texas Code of Criminal Procedure 42A.301 – Conditions of Community Supervision Judges have wide latitude, but the standard conditions look similar from case to case:
- Reporting to a supervision officer at least once a month and allowing home visits.
- Committing no new offenses.
- Avoiding controlled substances and, often, submitting to random drug tests.
- Maintaining employment and supporting legal dependents.
- Completing court-ordered community service hours.
- Staying within a designated area unless given written permission to travel.
- Paying restitution to any victim for financial losses caused by the offense.
Any condition has to be reasonable and aimed at protecting the community, restoring the victim, or rehabilitating the defendant. Judges routinely add specialized requirements as well, such as counseling, educational programs, or an ignition interlock device on the defendant’s vehicle.
Supervision Fees
Supervision costs money. The judge must set a monthly reimbursement fee of at least $25 and no more than $60 for the length of the supervision period.8State of Texas. Texas Code of Criminal Procedure Article 42A.652 The judge can reduce, waive, or suspend that fee if it would cause significant financial hardship. On top of the monthly fee, defendants owe court costs, any fine, and restitution, and may pay separately for drug testing, DNA collection, or specialized programs. Falling behind is itself a violation, but the state must prove the defendant actually had the ability to pay before a judge can revoke supervision for nonpayment alone.
How Long Supervision Lasts
For regular supervision, the caps depend on the offense category:1State of Texas. Texas Code of Criminal Procedure Article 42A.053
- Misdemeanors: two years maximum.
- Third-degree property felonies under Title 7 of the Penal Code and third-degree drug felonies under Chapter 481 of the Health and Safety Code: five years maximum.
- Most other felonies: ten years maximum.
The minimum term for a felony equals the minimum prison term for the offense, and certain sex-related offenses carry a five-year floor. Deferred adjudication caps mirror those numbers: ten years for felonies, two years for misdemeanors, with the same five-year minimum for sex offenses listed in Article 42A.453(b).9State of Texas. Texas Code of Criminal Procedure Article 42A.103
Getting Off Supervision Early
Chapter 42A gives defendants two paths off supervision before the term ends. After completing one-third of the original term or two years, whichever is shorter, the judge has discretion to reduce or terminate supervision.10State of Texas. Texas Code of Criminal Procedure Article 42A.701 A stronger provision follows: once the defendant completes one-half of the original term or two years, whichever is longer, the judge is required to review the record and consider ending supervision. The judge can skip the mandatory review only if the defendant is behind on restitution they can afford or hasn’t finished required counseling or treatment.
Early termination isn’t available to everyone. Defendants convicted of intoxication offenses under Penal Code Sections 49.04 through 49.08, offenses requiring sex offender registration, and any 3g felony are excluded outright.10State of Texas. Texas Code of Criminal Procedure Article 42A.701 In those cases, supervision runs its full length.
What Happens if You Violate
The consequences of a violation split along the same regular-versus-deferred line.
On regular supervision, the state files a motion to revoke. The judge can issue a warrant at any point during the supervision period.11State of Texas. Texas Code of Criminal Procedure Art 42A.751 – Violation of Conditions of Community Supervision Detention and Hearing The revocation hearing goes before the judge alone, without a jury, and the state’s burden is preponderance of the evidence, a lower bar than the reasonable-doubt standard at trial. The judge can continue supervision as-is, extend it, tighten conditions, or revoke. If supervision is revoked, the judge can impose any sentence within the original punishment range or reduce the originally assessed term if a shorter sentence would better serve society and the defendant.12State of Texas. Texas Code of Criminal Procedure Article 42A.755
On deferred adjudication, the state files a motion to adjudicate guilt instead. The court then holds a hearing on whether to proceed with a formal conviction on the original charge.13State of Texas. Texas Code of Criminal Procedure Article 42A.108 The court cannot base its decision solely on uncorroborated polygraph results. If the judge adjudicates guilt, the defendant now has a conviction and faces the full sentencing range for the original offense. That exposure is the built-in risk of deferred adjudication.
Shock Probation: Supervision After Prison Starts
Article 42A.202 lets a sentencing judge pull certain defendants out of prison and place them on supervision after their sentence has begun. The court keeps jurisdiction for 180 days after the prison sentence starts.14State of Texas. Texas Code of Criminal Procedure Article 42A.202 Within that window the judge can suspend further imprisonment if the defendant is otherwise eligible for community supervision, has never previously served a felony prison sentence, and the judge believes continued imprisonment wouldn’t benefit them. The motion can come from the judge, the prosecutor, or the defendant. Once the 180 days pass, the court loses jurisdiction to grant it, and the provision doesn’t apply to state jail felonies.
Sealing the Record After Deferred Adjudication
Finishing deferred adjudication and getting the case dismissed doesn’t remove the arrest and charge from background checks. For that, a defendant needs a non-disclosure order, which seals the record from the public while leaving it visible to law enforcement and certain government agencies.
For qualifying nonviolent misdemeanors, non-disclosure is automatic under Government Code Section 411.072 once the case is dismissed, assuming the defendant pays the $28 clerk’s fee and has no disqualifying prior record.15State of Texas. Texas Government Code Section 411.072 Misdemeanors involving violence, sexual conduct, family violence, weapons, or gang activity don’t qualify.
Everyone else has to petition under Government Code Section 411.0725. The waiting periods after discharge and dismissal are:16State of Texas. Texas Government Code Section 411.0725
- General misdemeanors: immediately.
- Misdemeanors involving kidnapping, sexual conduct, assault, family offenses, disorderly conduct, prostitution, or weapons: two years.
- Felonies: five years.
The court grants the petition only after notifying the state, holding a hearing if requested, and finding that non-disclosure serves the best interest of justice. DWI and boating while intoxicated offenses are excluded from this process. Defendants with prior convictions or deferred adjudication for offenses requiring sex offender registration, murder, capital murder, trafficking, stalking, aggravated kidnapping, or family violence cannot obtain non-disclosure at all.