I believe my friends are being scammed. I discovered this information on the person in question from a court case December 2017:

DEFERRED ADJUDICATION Jury Waived. Defendant arraigned. Defendant warned. Defendant enters plea of guilty before Court and prays that Court withhold adjudication of guilt under Art 42.12 C.C.P. Court finds that the evidence and Defendant's plea substantiates the Defendant's guilt of the offense of tamper w/govern record defraud/harm beyond a reasonable doubt as charged in the indictment. Adjudication of guilt Deferred and Defendant placed on probation for 4 years, subject to terms and conditions of probation served on Defendant. Fine: $500. Perform 150 hrs cs, anti-theft, corrective thinking, run CC w/199-83286-15.

When confronted the individual claims that he took a plea deal to avoid conviction. Can you plead guilty to a crime, get probation and simultaneously avoid a conviction?

This is important because he claims to be in the process of purchasing a FDIC insured bank and according to 12 U.S. Code § 1829 - Penalty for unauthorized participation by convicted individual, it should be illegal for him to engage in such activities even if they were legitimate.

1 Answer 1


Can you plead guilty to a crime, get probation and simultaneously avoid a conviction?


In a deferred prosecution, there is not a conviction. If a defendant follows the terms of the program faithfully, the charges are dismissed and a guilty plea is never entered.

It is a bit like a conviction with a probation sentence, but milder, because if you carry out the deferred prosecution terms you never receive a conviction and the associated collateral consequences of a conviction such as the one that you allude to in your question.

Therefore, this individual would not be statutorily disqualified from purchasing an FDIC insured bank.

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