Deferred Prosecution Program (DPP) – Tarrant County

What is the Deferred Prosecution Program (DPP) in Tarrant County?

The Deferred Prosecution Program (DPP) began in the 1970’s in Fort Worth. Over the years, Tarrant County has utilized the program but in 2015 the program was looked at again and improved. In short, The Deferred Prosecution Program it is a second chance for young offenders ages 17-24 who have broken the law for the first time. It allows the young first time offender a chance to keep the stigma of arrest off their record. By placing young offenders in a limited supervision program, DPP is designed to help the first time offender rehabilitate him or herself. The program can range from four to eight months long, depending on the severity of the offense.

The DPP offers two different “tracks” in their program for first time offenders:

  • Track A is for non-substance abuse offenders
  • Track B is for marijuana substance abuse charges.

Once a person completes Track A or Track B, Tarrant County will dismiss the case. You can find the full information packet on DPP here.

What types of crimes are eligible for the DPP program in Tarrant County?

 

Track A

  • Theft and theft of service, less than $20,000
  • Unauthorized use of a vehicle
  • Burglary
  • Credit card and debit abuse
  • Removal, destruction or concealment of writing
  • Criminal mischief, less than $20,000
  • Criminal trespass
  • Evading arrest, no vehicle, no injury
  • Failure to Identify
  • False report to police officer
  • Forgery
  • Purchase or furnish alcohol to a minor
  • Sell or make alcohol available to a minor
  • Failure to stop at accident
  • Tampering with a government record
  • Graffiti-pecuniary loss less than $20,000 
  • Silent or abusive calls
  • Fraudulent use or possession of identifying information, less than five items
  • Trademark counterfeiting,  less than $20,000
  • Labeling unauthorized recording
  • Possession, manufacture, distribution of instrument to commit retail theft
  • Possession of marijuana (under 4 ounces)
  • Possession of controlled substance
  • Possession of a dangerous drug

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Who is not eligible for this program?

  • If at the time of the offense, the person accused is over 24 years old
  • Had a previous juvenile adjudication
  • Member of mental health priority population
  • Positive drug screen with application
  • Previous conviction or supervision for Class B offenses and above
  • Previous participation in DPP
  • Multiple charges not occuring out of the same criminal episode
  • Offense was done while on bond
  • Offense was done after first arrest
  • Injuring or putting someone in danger during the offense
  • Gang related offense

What are some requirements to get into the Tarrant County DPP program?

The allotted application time may vary by county, so be sure to check your county’s specific guidelines for the DPP program. Usually, a person must apply to be in the program within 90 days of filing of the criminal case. 

A person must be 17-24 at the time of the offense.

The crime must fall under the eligibility requirements for the DPP program.

How much does it cost?

Track A is $125 with $25 due at application and $100 due on the day of orientation.

Track B is $225 with $25 due with application and $200 due on the day of orientation.

If successfully completed is there a way to keep the actual arrest off my record?

Yes. When an offender completes the program, the person is entitled to an immediate expunction. However the cost for the expunction is separate and it is advisable to hire an attorney to guide you through that process. To learn more about expunction or expungement visit our site here.

How long is the DPP program in Tarrant County?

For misdemeanor offenses, it is four (4) months.

For felony offenses, is eight (8) months.

DPP Program Perameters

The Deferred Prosecution Program consists of two separate tracks. Track A is the traditional DPP consisting of an application with strict screening controls, background investigation, an orientation interview, and an agreement to abide by the terms of the Program.
Track B focuses on offenders with marijuana and some substance abuse charges. It also consists of an application with strict screening controls, background investigation, an orientation, and an agreement to abide by the terms of the Program. The supervisory period includes drug testing to ensure that the offender has stopped his or her drug use. Negative drug test results are required to enter and to successfully complete the supervisory period. Upon successful completion of the supervisory period in either Track A or B, the pending case will be dismissed. You can find the full information packet for the Deferred Prosecution Program here.

Orientation

The applicant must attend an orientation before being accepted into DPP. The applicant must be accompanied by a parent or an adult accountability partner. The remainder of the program fee must be paid in full at the conclusion of the orientation. The Waivers completed and signed by applicant and defense attorney must be presented at the beginning of the orientation.

Length of Program 

The term of supervision is four (4) months for misdemeanor offenses and eight (8) months for felony offenses. If restitution is owed, the term of supervision can be extended to eight (8) months to allow full payment.

Expunction

Upon successful completion of the Program, the offender is entitled to an immediate expunction under Art. 76.011 OF THE TEXAS GOVERNMENT CODE and Art. 55.01 CODE OF CRIMINAL PROCEDURE. Expunction is not included in the cost of the program. An attorney is required to file the proper paperwork for an expunction and additional court costs are required.

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