# Renting With a Misdemeanor or Deferred Adjudication | Texas > How misdemeanors screen vs felonies, what deferred adjudication means on a background check, documentation to obtain, and what to expect. URL: https://austinsecondchanceapartments.com/guide/renting-with-misdemeanor-deferred-adjudication/ Last-Modified: 2026-06-15 scenario · informational # Renting With a Misdemeanor or Deferred Adjudication How misdemeanors screen vs felonies, what deferred adjudication means on a background check, documentation to obtain, and what to expect. ![Renter reviewing background check paperwork at home](/images/featured/renter-calmly-reviewing-background-check-paperwork.webp) If your record is a **misdemeanor** or a **deferred adjudication**, you’re in a noticeably easier position than someone with a felony conviction. Both screen more leniently across most flexible-screening Austin communities. Here’s exactly how each is treated, and what documentation helps. ## Misdemeanors: how they screen Texas misdemeanors are categorized as **Class A, B, or C**: - **Class C misdemeanors** (traffic tickets, public intoxication, disorderly conduct, low-level theft) often don’t surface in standard apartment background checks at all. Many screening services filter them out as low-relevance. - **Class B misdemeanors** (first-time DWI, possession of small amounts of certain drugs, criminal mischief under $750) typically surface but are treated leniently, especially after a few years. - **Class A misdemeanors** (assault without serious injury, certain theft, second DWI, weapons charges) surface and may trigger flags, but flexible communities often work with them — especially older offenses. For misdemeanors generally: - **Under 7 years**: surfaces in screening; case-by-case communities work with them, especially non-violent - **Over 7 years**: often filtered out by standard screening; effectively cleared from most flagging Misdemeanors are usually a much smaller obstacle than they feel like. We’ve placed plenty of renters with multiple misdemeanors at standard market communities without issue. ## Deferred adjudication: the nuanced case **Deferred adjudication** is a Texas-specific outcome where you plead guilty or no contest but the judge defers a finding of guilt while you complete a probation period. If you complete the probation successfully, **the case is dismissed and no conviction is entered**. But here’s the catch: **the original charge and the deferred adjudication record can still appear on a background check**, even after completion. This is because: - The arrest record exists - The court file shows the charge was filed and how it was disposed - Standard background searches see “deferred adjudication” rather than “conviction” How apartment screening typically treats it: - **Successfully completed deferred adjudication**: weighted much more leniently than a conviction. Many flexible communities essentially treat it as a non-event. - **Currently in deferral period**: depends on the property. Some treat it as a pending case; others ignore it. - **Failed deferral (revoked to conviction)**: treated as a conviction, with all the implications that come with it. ![Misdemeanor vs deferred adjudication comparison](/images/content/misdemeanor-versus-deferred-adjudication-compariso.webp) ## Orders of non-disclosure Texas allows certain deferred adjudication outcomes to be sealed via an **order of non-disclosure**, which hides the record from most landlords’ background checks. The order is granted after specific waiting periods (typically 2-5 years post-completion, depending on the offense type). If you’re eligible and haven’t pursued one, it’s worth doing: - **The record stays hidden** from standard background checks, including apartment screening - **Law enforcement and certain entities** can still see it (DAs, schools hiring teachers, etc.) but not regular landlords - **The cost** is filing fees (varies by county) plus optional attorney help **Texas RioGrande Legal Aid** and the **Texas Fair Defense Project** offer help with non-disclosure petitions for eligible cases. For some renters, this is the single highest-ROI move they can make for their rental prospects. ## What documentation to bring For a misdemeanor or deferred adjudication file: - **Court disposition document** showing the official outcome (completion, dismissal, deferral) - **Probation completion certificate** if applicable - **Order of non-disclosure** if you have one (powerful — many properties will skip the screening detail entirely) - **Brief explanation letter** providing context (one paragraph; not required but often helpful) - **Standard income documentation** at 3x rent or higher ## Strategy by case type **Class C misdemeanor only**: most properties won’t see it. Apply broadly without concern. Don’t volunteer the information unless asked. **Class A or B misdemeanor, older than 5-7 years**: most standard mid-tier properties work. Apply across the credit-flexible market. **Recent misdemeanor (under 3 years)**: target case-by-case communities; lead with the offense type and age on the phone before applying. **Completed deferred adjudication, not non-disclosed**: target flexible-screening properties; bring completion documentation. Many properties treat this as a non-event. **Completed deferred adjudication with order of non-disclosure**: most properties effectively don’t see it. Apply broadly. **Currently in deferral period**: depends on the property; pre-screening matters. ## Misdemeanor vs. felony for apartment screening Five practical differences: 1. **Lookback weight**: misdemeanors typically weighted less than felonies of the same age 2. **Filtering**: Class C misdemeanors often filtered out entirely; felonies always show 3. **Documentation**: misdemeanors usually need less documentation; felonies often need rehabilitation letters 4. **Property pool**: misdemeanors have a larger pool of available properties 5. **Guarantor**: misdemeanors less likely to require a guarantor; felonies often do If your record is a misdemeanor or completed deferred adjudication, you’re meaningfully better positioned than the typical second-chance applicant. Pre-screening still matters (saves application fees), but the overall pool is wide. Ready for a curated list of Austin apartments matched to your specific case? Request your free list → [/contact/ →](/contact/) ## Frequently asked questions Does deferred adjudication show on a background check? It can appear unless sealed via a Texas order of non-disclosure. Even when it appears, deferred adjudication is generally treated more leniently than a conviction. Are misdemeanors easier than felonies for renting? Generally yes. Misdemeanors screen more leniently across most flexible communities. Class C misdemeanors often don't surface in standard screening at all. Can I get my record non-disclosed? Sometimes — depending on offense type and waiting period. An order of non-disclosure can hide the record from most landlords' background checks. ## Ready for a curated background list? Tell us your situation. We'll send a list of Austin apartments that will approve you — in 24-48 hours, free, no upfront fees. Get Your Free List [/contact/ →](/contact/)