22 Tex. Admin. Code § 5.162 - Deferred Adjudication
(a) For purposes of
§
5.37 and §
5.158 of this chapter (relating to
Provisional Licensure and Criminal Convictions), a person is not convicted for
committing a criminal offense if:
(1) the
person entered a plea of guilty or nolo contendere;
(2) the court deferred further proceedings
without entering an adjudication of guilt and placed the person under the
supervision of the court or an officer of the court; and
(3) at the conclusion of a period of
supervision, the judge dismissed the proceedings and discharged the
person.
(b)
Notwithstanding subsection (a) of this section, the executive director or the
Board may consider a person to have been convicted of a criminal offense
regardless of whether the proceedings were dismissed and the person was
discharged as described by subsection (a) of this section if:
(1) the person was charged with:
(A) any offense described by Article
62.001(5), Code of Criminal Procedure; or
(B) an offense other than an offense
described by subparagraph (A) of this paragraph if:
(i) the person has not completed the period
of supervision or the person completed the period of supervision less than five
years before the date the person applied for registration; or
(ii) a conviction for the offense would make
the person ineligible for registration by operation of law; and
(2) after consideration
of the factors described by §
5.158(c) or (d)
of this chapter, the executive director or the Board determines that:
(A) the person may pose a continued threat to
public safety; or
(B) employment of
the person as a Registered Interior Designer would create a situation in which
the person has an opportunity to repeat the prohibited conduct.
(c) If a person pleads
guilty or nolo contendere to conduct which is a violation of a law enforced by
the Board, regardless of whether adjudication is deferred, the Board may take
disciplinary action.
Notes
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