Deferred Adjudication of a Felony - does that mean I'm still considered convicted?

Question

Deferred Adjudication of a Felony - does that mean I'm still considered convicted? I've completed my probation, paid my fines, etc.
First Degree Felony for possession and distribution of a controlled substance. I was placed on deferred adjudication, all requirements were completed satisfactory and the deferred adjudication was terminated in July 2005. What this translates to:

Deferred adjudication is the deferral of a judgment against you for a charged criminal offense in the State of Texas. Basically, it is a plea bargain between the person accused and the court. During this probationary period the court withholds judgment. Once I completed the probation, the charges were dismissed and there is no conviction on my record although it does say that I was arrested, placed on deferred adjudication, and the probation terminated.

All that being said is this enough to not grant me access to Canada if I wanted to visit family and my fiance? (reside in Houston, Texas as a US Citizen)

Not that it matters....This actually isn't what happ to me but to a close friend. He wrote this up and I posted it here with hopes of getting some good answers

http://geo.international.gc.ca/can-am/los_angeles/rightnav/criminal_inadmissibility-en.asp Apparently this is an issue when flying into Canada. You would need to get a Temporary Resident Permit. If you drive in it is not looked into which I find odd. Any misdeameanour including DWI's will not permit you to fly into Canada. You can however drive into Canada. Weird huh?

If you have a criminal offense and have since been rehabilitated and the offense occured 10 years or more then you are fine. Look into the link above. it gives more information. I believe this in response to the Homeland Security.

Answer 1

Basically you/he plead guilty for a lesser charge. It is still frowned upon in employment cases. The laws may have a waiver since you/he successfully completed and may even have a probation period even after you/he have successfully completed your fines, comm. svc., or whatever was given to you/him.

Best of luck with everything.

Answer 2

Deferred Adjudication Felony

Answer 3

This Site Might Help You.

RE:
Deferred Adjudication of a Felony - does that mean I'm still considered convicted?
Deferred Adjudication of a Felony - does that mean I'm still considered convicted? I've completed my probation, paid my fines, etc.
First Degree Felony for possession and distribution of a controlled substance. I was placed on deferred adjudication, all requirements were completed...

Answer 4

What Does Deferred Adjudication Mean

Answer 5

Mississippi has so many flaws in the system I was on probation and was received 5 yrs probation completed that was in 1984 worked federal jobs never had any problems moved back here in 1999 became a bailagent job purchased firearms background check done every 6months by my job but was stopped with my grandmas firearm due to she was sick and my family moved her with family was stopped and they ask me had I ever been arrested I said yes but he assumed I was a felon then when I was processed they asked me why am I here they dont see a felon but my attorney allowed this and told lies in court and asked the court for my time after that mdoc did and invetigation and realized they made a mistake and they was sorry but my life took a drastic turn now no one wants to hire me and I was not a felon but this is a place that still has no justice towards a person who has not ever stayed in jail after 20 plus years now this hangs over my head and what does this means is this is illegal and should never be able to be done again I lost five family members almost lost everything I owned and there is no one have helped me I just keep trying because I know I was innocent and God will prevail.. I will prove my innocence and the ones that was not correct should have been investigated because there is so many lives that this has happened to but my question is why there is no training as to cleary shows he has been a model citizen never in jail over a day but held me and kidnapped me to give me 15yrs there is so many about money and not doing there job I was violated my civil rights and justices and I will make a stand that these vague laws need to give people scecond chances but mine was traded for doulble jeopady is it fair? JM

Answer 6

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In all 50 states, a "deferred adjudication" is still a felony conviction for all intents and purposes. Employers do not have to be an attorney to see this as a negative situation. My guess is your friend, if asked, may be tempted to justify by saying, "yeah but it's not a real conviction. It's a stay of adjudication!" All the employer is going to care about are the facts about the prospective employee. That certainly includes what sort of "person" the employee is. Is he/she an upstanding citizen? If there is anything on their criminal record, the answer is "no." They will be considered by most employers to be disqualified for employment, especially if that person has checked "NO" no the question asking about the felony conviction. Companies that do background checks provide more information than what the general public is aware. They not only provide the list of felonies and misdemeanors, but they list arrests, details of the crimes, information on conviction or disposition, supervision status and dates, and times/dates served in correctional facilities & jails, often along with the names of the institutions, arresting officers, and supervision agents. This is a problem that is often compounded when an employer reads a report. He/she should try to get a copy of their background check to see what problems may be lurking within. One felony conviction on a complete report may appear to the employer as six or eight felonies because of the redundancies in records, and similarities in state laws. For example: The offense of DWI may mean "Diving Without Instruction" in one state and "Delivering Waterslides Irresponsibly" in another. The report, depending on where it came from, may list both. This gives the appearance of additional crimes. There is a big difference in meaning of crimes. One more example is "CSC," which in some states means Controlled Substance Crime, and in others carries the pariah-making definition of Criminal Sexual Conduct (the single most employment-disqualifying offense possible). Your friend really needs to get a copy of that report and see what's on it, disputing false or misleading information. In spite of the stay, he/she has still been convicted of a felony, and they need to deal with their situation accordingly. Above all, your friend has unfortunately joined the ranks of the other 20,000,000 convicted felons in the U.S., which automatically disqualifies him/her from over 90% of the job market. Your friend made a mistake. The best thing he/she can do is avoid the customer service and focus more on the clerical. Employers don't like placing convicted felon employees face-to-face (or phone-to-phone) with customers or the general public. He or she should be honest, but not too honest. Be sincere and don't hide this from prospective employers. They will find the infraction. He or she should take responsibility for their actions, own up to the crime, be sincere and remorseful, and admit to the employer that they made a terrible mistake. Then focus on the positive and really sell his or herself to that employer, based on positive traits, skills, experience, etc. If rejected by a hundred employers, try again with another. Someone hopefully will give him or her a break and your friend will have the chance to prove himself/herself. I wish your friend the best of luck and hope he or she will never again break the law, and will be a decent, productive, law-abiding, tax-paying citizen, just as the Constitution allows for those who have made mistakes in the past. Best wishes! I hope this helped.

Answer 7

The probation is passed, he is no longer considered convicted.

I know that to immigrate to America, you need to be free of criminal activity for 5 years after a conviction ends. It is probably similar in Canada. I don't know what is needed for a visit though.

Answer 8

Yes. A deferred sentence is the equivalent of the crime never occurring. You can get into Canada. A deferred sentence is the best possible outcome of criminal case short of acquittal.

Answer 9

I have been to Canada with 2 cases like that behind me. They just want to make sure you are who you are. Have your passport or birth cirtificate and walk on through.