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Public Intoxication Deferred Adjudication — Background Checks & Sealing

You did everything the court asked and the case was dismissed — yet the public intoxication deferred adjudication still shows on background checks. That's not a mistake; it's how Texas law works. The fix isn't expunction — it's an order of nondisclosure, and most people qualify.

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Statute

Tex. Penal Code § 49.02

Offense level

Class C misdemeanor (fine only)

What deferred adjudication for a public intoxication charge looks like on a check

The record shows the arrest, the charge under Tex. Penal Code § 49.02, and a deferred-adjudication disposition — which many screeners and employers read as an admission, because entering deferred adjudication typically involved a plea. Until sealed, it reports like any other case.

Sealing: how and when

A PI conviction from paying the fine may still qualify for a fine-only misdemeanor order of nondisclosure, hiding it from employers even though it can't be destroyed.

An order of nondisclosure cuts off employers, landlords, and background vendors; law enforcement and certain licensing agencies retain access. For most people, that's the difference that matters — the commercial checks that decide jobs and housing come back clean.

If any companion charge from the same arrest was dismissed outright, it may qualify for full expunction alongside the sealing — multi-remedy records are our daily work.

Common questions

Does completed deferred adjudication for a public intoxication charge count as a conviction?

Legally it is not a conviction for most purposes — but it looks like one on background checks until sealed, and some contexts (immigration, certain licenses) treat it distinctly. Sealing addresses what the private world sees.

When can I seal my public intoxication deferred adjudication?

Many misdemeanors qualify immediately upon discharge and dismissal; some categories wait two years; felony deferreds generally wait five. We compute your date from your discharge paperwork, free.

Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.

Get your situation confirmed — free

One short conversation and a records pull tells you exactly what clears, what seals, and what it costs.