Everything You Need to Know about Misdemeanors in Texas (2024)

FAQs

Everything You Need to Know about Misdemeanors in Texas? ›

A "misdemeanor" in Texas is defined as a criminal charge that carries a potential jail sentence of less than one year. Texas misdemeanors are classified into one of three different categories: Class A, Class B, and Class C. Each carries its own punishment ranges, ranging from more serious to less serious.

In Texas, Class A misdemeanors are punishable by up to one year in jail, a fine of up to $4,000, or both jail time and a fine. Burglary of a vehicle and carrying a gun without a permit are examples of Class A misdemeanors.

If you've been charged with a first-time misdemeanor or felony offense, there's a chance you could face incarceration, fines, probation, and a criminal record. However, depending on the circ*mstances of your case, you may be eligible for a first-time offender program in Texas (also known as pretrial diversion).

Class A and B misdemeanors: 1 year. Felonies: 3 years.

Yes, anyone with a misdemeanor on their criminal background can still get a job. However, they may find it is more difficult than if they did not have a prior conviction. The obstacles that come with a prior misdemeanor, however, are far less severe than if the prior conviction was for a felony.

Do misdemeanors go away after 7 years? No, misdemeanor convictions stay on a criminal record forever in Texas. In certain circ*mstances, the arrest record and conviction can be sealed.

You must petition the court, requesting the removal of the offense from your record. If you have complied with all required conditions such as serving jail time, community service hours, and paying fines and restitution, then the court will grant your petition.

A first-degree misdemeanor charge is the most serious form of a misdemeanor. A conviction for one can cost you up to six months in jail and $2,500 in fines for a first offense. First-degree misdemeanor crimes include: DUIs.

How long is a misdemeanor on your record? A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes.

Can a first time misdemeanor be dismissed in Texas? ›

Pretrial diversion program, where first-time offenders who committed nonviolent misdemeanors can complete a program, and if done successfully, can have the charges dismissed and immediately request for expunction.

In Texas, Class C misdemeanors are the lowest level of criminal offense. They can include a fine of no more than $500 and no jail time. But you still have a right to a trial, which can be held in Municipal Court, Traffic Court, or a Justice of the Peace Court.

The least serious misdemeanors are classified as Class C or Level Three. These crimes can result in fines and jail time of up to a year, and may also offer the chance of probation.

In Texas, a Class C Misdemeanor may be removed from a person's record or “expunged” 180 days after the date of the person's arrest. Class A and Class B misdemeanors may be expunged after one year from the date of the arrest.

Even if the court dismisses the case, the police still have a copy of the ticket, DPS has a record of it, it can show up on a background check, the Sheriff still has your mugshot and booking documents. You have to go through a formal expunction process for the case to be erased.

Class A Misdemeanor: Penalties include a fine of no more than $4,000 and/or up to 1 year in a county jail. Examples of Class A misdemeanors include burglary of a vehicle, theft of property valued at $750 but less than $2,500.

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

The Process Duration for Expungement in Texas

It is 180 days after a Class C misdemeanor arrest, a year in case of Class A and B misdemeanors, and 3 to 5 years following an arrest for felonies. Criminal records cited for expunction destroyed within 180 days of the court order.

Misdemeanor Classification in Texas

Texas misdemeanors are classified into one of three different categories: Class A, Class B, and Class C. Each carries its own punishment ranges, ranging from more serious to less serious.

What's the worst misdemeanor you can commit? ›

Because Class A represents the most serious misdemeanor penalty, many will carry this maximum one-year jail sentence. A few states impose penalties of more than one year's imprisonment for misdemeanors—for instance, 18 months or 2, 3, or 5 years.

The standard penalty for a misdemeanor crime is up to one year in county jail and/or a fine up to $1,000. However, unless the code states otherwise, any offense considered a misdemeanor will have county jail time of up to 6 months.

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

Yes, an employer can fire you for pending charges.

This is an agreement between an employer and an employee that a worker may be terminated or dismissed for any reason without reasoning, warning, or explanation. Most at-will employees are required to sign documents stating their knowledge of this fact.

The average number of misdemeanors to get a felony is 2.6 misdemeanors. You'll get a felony if you have a certain number of misdemeanors in a certain time frame. For example, in Texas, getting 3 misdemeanors in 10 years gets you a felony.

Texas Law. In certain cases, Texas individuals are able to have their criminal record expunged (i.e. cleared), or they may petition for their record (including juvenile records) to be sealed through a nondisclosure order.

The Seven Year Rule

So if you are arrested and the charges are dismissed, the consumer reporting agency is not supposed to report the arrest if the arrest is over seven years old. However, if the arrest results in a conviction (a finding of guilt) then the agency can report the information forever.

Can you expunge a misdemeanor if you plead guilty Texas? ›

If I pled guilty, can I get an Expunction? You are generally not eligible to have your arrest expunged if you were ultimately convicted, whether after a guilty plea, a no contest plea or trial unless you are pardoned by the governor of the state of Texas or you were convicted of UCW before September 1, 2021.

Strike Three

If you have two prior felony convictions of any degree (except a state-jail felony) and you are subsequently convicted of another felony of any degree (other than a state-jail felony), you can be sentenced to imprisonment for life or for a period of 25–99 years.

If the court gives you credit, you will be given at least $100 of credit for every 24 hours spent in jail. Some courts will give you more credit per night or waive any additional amount you owe if you've spent time in jail.

Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.

Four major goals are usually attributed to the sentencing process: retribution, rehabilitation, deterrence, and incapacitation.

Generally speaking, no. Most landlords and property managers are only considered with Felony convictions as they are more serious crimes.

If you commit a misdemeanor crime, a warrant can be issued for your arrest. Warrants are issued by the county in which you either live or have committed the crime.

In Texas, certain types of first-time, low-level offenders are given this second chance at a fresh start. This helps them to obtain employment without their record being a part of their application. Once you have met all of your obligations under the law, Texas's "Second Chance Law" allows you to move on.

What is the 7 year background check in Texas? ›

The standard for employment-related background checks in Texas is seven years, except for criminal convictions, which may be reported indefinitely. The seven-year limit applies to tax liens, suits or judgments, and most credit history. Records of bankruptcies may go back as far as 10 years.

In cases where a criminal case has been filed, the prosecutor may move to dismiss a case due to insufficient evidence or a procedural issue, or the court may be required to do the same on its own motion.

This is a state process, so the federal government can still access and use your sealed criminal records against you. Furthermore, all law enforcement agencies and some other state agencies will still have access to your sealed records (the full list of agencies can be found at Texas Government Code Sec. 411.0765).

Class B Misdemeanors

A person convicted of a class B misdemeanor faces up to 180 days' jail time and a $2,000 fine. Indecent exposure, criminal mischief, and obstructing a roadway are examples of class B misdemeanors.

Depending on the severity of a crime, and the length of time it may take to collect evidence, statutes of limitations can be 1 year, 2 years for misdemeanors, 3 years for most felonies, 5 years, 7 years, or 10 years. There are no limitations for some crimes.

First time misdemeanor convictions in Texas can result in jail time or probation. The potential for jail time for a Texas misdemeanor depends on the nature of the offense. A Class “A” misdemeanor can result in up to one year in jail (in addition to a fine), while a Class “B” offense carries a sentence of up to 180 days ...

In Texas, Class C misdemeanors are the lowest level of criminal offense. They can include a fine of no more than $500 and no jail time. But you still have a right to a trial, which can be held in Municipal Court, Traffic Court, or a Justice of the Peace Court.

Some of the common types of misdemeanors in Texas include the following: First Offense DWI. Second Offense DWI. Family Assault Violence.

Common Class A Misdemeanor Offenses in Texas

A Class A misdemeanor offense can also include up to two years' community supervision (probation) or three years' community service (with extension): Assault (bodily injury) DWI (second offense)

Class C misdemeanors are usually the least serious of all misdemeanor charges, often with no jail time required and minimal or nominal fines.

Can you get probation for a Class A misdemeanor in Texas? ›

Conviction of a Class A misdemeanor carries punishments of a fine of up to $4000 and/or imprisonment of up to one year in a county jail. The court may also impose a maximum of two years of community supervision (adult probation)*, or three years of community supervision with an extension.