Deferred Disposition options are available to those who are eligible. If all terms required by the court are successfully met, the case will be dismissed. If any requirements are not met and you cannot provide a satisfactory reason why at a hearing before a judge, you will be found guilty and a conviction reported to the Texas Department of Public Safety.
Deferred Disposition Requirements
The court offers the option to “defer” or postpone the disposition of your case and place you on probation for a specified period of time during which you must comply with certain terms and conditions. Terms vary depending on the type of violation and not all violations have this option. At the end of your deferral period, if you have successfully completed the terms of your deferral in a timely manner, your violation will be dismissed and notice will not be sent to the Department of Public Safety. Nothing will go on your record outside of the Austin Municipal Court.
If any requirements are not met and you cannot provide a satisfactory reason why at a hearing before a judge, you will be found guilty and a conviction reported to the Texas Department of Public Safety.
You are not eligible for a deferred disposition on a moving violation if you:
Are charged with:
Leaving the scene of a collision.
Passing a School Bus.
Received your citation while driving in a Construction Zone when workers were present.
Have a commercial driver license even if the violation occurred while you were driving a private vehicle.
There may be other reasons you are not eligible for a deferred disposition. Each case is unique and must be reviewed prior to granting a deferred disposition. If you send in paperwork and are not eligible, you will be notified by mail to select another option to handle your case.
*Note: It is important to keep the Court notified of your current mailing address so you do not miss important correspondence.
Appearance at Court Required:
You must appear at court to request a deferred disposition if:
You are a juvenile (under the age of 17). As a juvenile, you must appear in person at the date and time assigned by the court prior to requesting a deferred disposition. Keep your address updated with the Court because notices will be mailed.
You are charged with a code violation (violation other than traffic, parking, red light camera, “no insurance”, no driver license or driving with license invalid, seat belt). You may contact the court to determine if you are required to attend an appearance docket.
Deferral Terms and Procedure:
The terms of the various deferred dispositions are listed on the forms. If you agree to the terms, submit the following by mail or in person:
1. Completed copy of the appropriate deferred disposition request form
2. Check or money order made payable to the Austin Municipal Court (cannot be paid online)*;
3. Copy of your insurance, driver license, or other documents as listed on the different deferred disposition forms.
Your case will be reviewed and, if you are not eligible for a deferred disposition, you will receive notice in the mail asking you to choose a different option. If you are eligible, a judge will consider your request and, if approved, you will have 90 days in which to complete your deferred disposition. You may see the status of your case at www.austintexas.gov/public.
*Note: If you cannot pay the required fee immediately, please contact the court.
Failing to Comply with the Terms
If you fail to comply with any of the requirements of the Deferred Disposition, your case will be set for a revocation hearing. The hearing is your opportunity to speak with a judge regarding why you failed to comply with terms of your deferred disposition. If you fail to appear at your hearing, a conviction will be entered, the conviction will be placed on your record, and, if there is still a balance on the case, a warrant for your arrest will be issued.
If you cannot afford to pay your deferred disposition fee at the time you make your request, other arrangement may be possible. Please contact the court to see if you are eligible.