Deferred Adjudication vs Probation

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Probation prevents a defendant from going to prison but is normally offered after conviction and sentencing. In contrast, Deferred Adjudication is a form of probation offered in a plea bargain before conviction or sentencing. The biggest difference is that deferred adjudication keeps the conviction off the record. It is not available in some cases. e.g. drunk driving charges.

Comparison chart

Deferred Adjudication versus Probation comparison chart
	Deferred Adjudication	Probation
Definition	A form of probation offered in a plea bargain before conviction or sentencing.	Conditional supervised replacement for prison time.
Involves formal conviction	No	Yes
Permanent Record	Conviction on the record can be avoided.	Conviction stays on the record.
Requirements	May include probation, treatment, community service or some form of community supervision	May include counseling, alcohol or drug rehab, meeting with parole officer, seeking and holding a job, avoidance of crime and criminal habits, contact with other offenders or victims, or a requirement not to leave the jurisdiction
Available from	Judge	Judge
Non Availability	Not available for cases of DWI or DWLS	Not available if used or exhibited a deadly weapon, or for capital murder, aggravated kidnapping, aggravated sexual assault or aggravated robbery. Sentence must be for less than 10 years.
Consequences if terminated	Defendant charged up to the maximum sentence available for the crime.	Defendant receives original sentence.

What is Deferred Adjudication?

Deferred adjudication is a form of plea deal, where a defendant pleads guilty or no contest to criminal charges in exchange for probation. They must meet certain requirements laid out by the court within an allotted period of time. It is not technically a conviction, as the conviction and sentencing are deferred until the end of the probation period, when the case may be dismissed.

Requirements

Both deferred adjudication and regular probation may involve probation, treatment, community service, or some form of community supervision.

A Probation Officer with the Missouri Department of Corrections interviewing a drug-related offense probationer

Availability

Deferred adjudication is not available in cases of DWI or DWLS. It can only be offered by a judge in a plea bargain after guilty or no contest plea is given.

Regular probation is available after a plea of guilty or no contest, or after a jury finds the defendant guilty, if the sentence received is for less than 10 years and if the defendant has never committed a felony before. It is not available if the defendant used or exhibited a deadly weapon, or for capital murder, aggravated kidnapping, aggravated sexual assault, or aggravated robbery.

Permanent Record

After completion of deferred adjudication, the defendant may avoid a formal conviction on their record. They can petition for non-disclosure or sometimes have their record expunged.

With Probation, the guilty conviction stays on the record.

Length of probation

Both deferred adjudication and regular probation can last a maximum of 10 years for a felony and 2 years for a misdemeanor.

Termination

Deferred adjudication can be terminated at any time by a judge if they believe it is in the best interest of the defendant or society. The defendant is then convicted and sentenced and can receive any sentence allowed within the law.

Regular probation can be terminated by a judge after two years or 1/3rd of the probationary period, whichever is shorter. The defendant then carries out their original sentence.