June 14, 2023
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
Having a criminal record can have serious consequences on one’s life. They have trouble dealing with anything that requires a criminal background check. This includes jobs, mortgages, education, and housing.
However, we believe that a mistake or a moment of bad judgment shouldn’t hinder anyone from moving on with their life. They shouldn’t have trouble finding a job or a new house because of a past misdemeanor.
In this article, we’ll explain how to expunge a misdemeanor in Texas.
What’s a Misdemeanor in Texas?
Texas classifies misdemeanors as Class A, Class B or Class C. Fine-only Class C offenses are still criminal offenses, not a separate noncriminal category.
Class A and B misdemeanors can carry county-jail time and fines; Class C misdemeanors are fine-only under Penal Code Section 12.23.
1.Class A Misdemeanors
Class A examples include the following qualifying variants; prior history and other enhancement facts can change the grade:
- Perjury
- Assault causing bodily injury
- Evading arrest on foot
- A DWI with a BAC of 0.15 or more, or a second DWI, subject to enhancement rules
- Possession of more than two but not more than four ounces of marijuana; other controlled-substance offenses have different grading rules
- Criminal trespass in a habitation or another Class A variant under Penal Code Section 30.05
- Violation of Protective Order
- Certain forms of animal cruelty; other forms are felonies
Convictions for Class A misdemeanors can result in a fine of up to $4,000, up to one year in jail, or both.
2. Class B Misdemeanors
Class B examples include the following base offenses, subject to enhancements:
- The ordinary Class B form of criminal trespass; other variants can be Class C, Class A or higher
- Indecent Exposure
- Harassment
- Riot
- Possession of 2 or fewer ounces of Marijuana
- Offering or agreeing to receive a fee for sexual conduct under Section 43.02, without enhancements; solicitation to pay is a different offense
Penalties for Class B misdemeanors may include a fine of up to $2,000, 180 days in jail, or both.
3. Class C Misdemeanors
Class C examples include the following qualifying variants, subject to the actual offense statute and enhancements:
- Fine-only traffic violations; not every traffic-related offense is Class C
- Class C forms of disorderly conduct; certain firearm-related forms are Class B
- Gambling
- Public intoxication
- Knowingly directing a laser pointer at a uniformed safety officer, without the injury facts that raise the grade
- Assault by threat or offensive contact, subject to statutory exceptions
- Leaving a child younger than seven in a vehicle for more than five minutes without an attendant at least fourteen years old, under Section 22.10
Since these misdemeanors are the least severe, they generally don’t result in jail time, but they can lead to fines of up to $500.
What should I know about the difference between expunction and nondisclosure?
To clean up a criminal record in Texas, there are two methods available: expunction and nondisclosure.
Both ways can provide relief from the negative impact of criminal records on one’s personal and professional life. But what’s the difference?
We can help you seek an expunction—not merely an order sealing your record. An expunction order directs the return or destruction of covered records, or removal of identifying information, under Texas law. After a final expunction order, a person generally may deny the arrest and the existence of the order. If questioned under oath in a criminal proceeding, the person may state only that the matter has been expunged. The order and statutory retention rules still control. Nondisclosure instead limits public disclosure without destroying the record; criminal justice agencies and other recipients authorized by law can still receive it.
On the other hand, nondisclosure is sealing the criminal record from the public view. However, the record remains available to licensing agencies, justice agencies, and government entities.
Nondisclosure limits ordinary public disclosure, but some authorized recipients are non-governmental entities. It is not an absolute bar against every private employer or licensing use.
How to Get a Criminal Record Expunged in Texas?
Now that you know the difference between expunction and nondisclosure, it’s time to understand how to expunge a criminal record.
Eligibility turns on the target offense, disposition, charging history and statutory route—not just the misdemeanor label. For misdemeanor relief under Articles 55A.051–.053, the target misdemeanor is evaluated individually; another misdemeanor from the arrest is not automatically a bar. Any felony arising from the same transaction requires separate analysis. A charge reduction or plea agreement does not itself establish expunction eligibility.
In Texas, there are two main types of community supervision: regular community supervision and deferred adjudication.
An ordinary final conviction or Chapter 42A community supervision on the target offense generally prevents the Article 55A.051 route, with the statutory Class C supervision exception. Successful completion of Class C deferred disposition, followed by dismissal, may allow expunction if the remaining Chapter 55A requirements are met and the court enters an expunction order. Receiving a deferral alone does not clear the record. Nondisclosure is separate and is not available in every otherwise ineligible case.
To determine eligibility for expungement, take a look at the following situations that may qualify for expunction:
- An unfiled case satisfying Article 55A.051 and the no-presentment requirements of Article 55A.052, including the applicable period or prosecutor certification
- A qualifying dismissal under Article 55A.053 or expiration of limitations under Article 55A.054, with the other statutory conditions
- A trial-court acquittal under Article 55A.002, subject to Article 55A.151; an appellate acquittal is discretionary under Article 55A.101 and is not the same as a mere reversal
- Qualifying juvenile-record relief under separate laws, including Family Code Chapter 58 sealing; not a blanket adult expunction rule
- Qualifying mistaken-identity information under Articles 55A.006 and 55A.256—not the offender’s conviction for identity theft
- Certain Alcoholic Beverage Code records under Section 106.12, whose age and offense requirements differ from general expunction
- A qualifying pardon of the Texas offense under Articles 55A.003 or 55A.004
How Long Do I Have to Wait Before Expunction
The 180-day, one-year and three-year periods in Article 55A.052 apply to a particular no-indictment-or-information route, not every expunction. The person must satisfy Article 55A.051; the target misdemeanor and any felony arising from the same transaction must meet the charging requirements. Prosecutor certification under Article 55A.052(a)(4) is an alternative to those periods. Qualifying dismissal grounds under Article 55A.053 and expiration of limitations under Article 55A.054 are separate routes.
- Class C: 180 days under Article 55A.052 when there is no same-transaction felony charge
- Class A or B: one year under Article 55A.052 when there is no same-transaction felony charge
- Felony arrest or same-transaction felony charge: three years under Article 55A.052
Waiting for limitations is not always the better choice. Under Article 55A.302(c), relief based only on an Article 55A.052 waiting period without prosecutor certification requires specified law-enforcement and prosecutor record retention. Compare available routes before deciding when to file.
Expunging a Misdemeanor in Texas in 7 Simple Steps
Once the applicable route is established, prepare the filing and supporting documents:
- Gather the arrest, charge and disposition records. Follow the selected court’s current identification requirements; authenticated fingerprints are specifically required for the mistaken-identity application route. Related reading: L-1 Enrollment Services.
- Get your criminal record from the Texas Department of Public Safety
- The general petition route is a district court in the county of arrest or alleged offense. For fine-only arrests, Article 55A.252 also allows filing in a justice court or municipal court of record in the appropriate county. Special routes, including qualifying acquittals and mistaken identity, have their own procedures.
- Under Article 55A.254, the court sets the general petition hearing no earlier than the 30th day after filing and gives the petition and hearing notice to the listed recipients, except central federal depositories. The clerk handles the statutory transmissions; DPS notifies the listed federal depositories. The petitioner must supply a complete, accurate agency list.
- Establish the applicable statutory requirements. Prosecutor approval is not a universal condition for every entitlement route; certification and pretrial recommendation are distinct statutory mechanisms.
- Present a proposed expunction order to the court with the required identifiers, covered records and recipients.
- When the order is final, the clerk sends it to DPS, the Office of Court Administration and the listed state and local governmental entities. DPS provides the required federal and private-entity notices. The order governs the covered records; agency processing is not an instant or universal record-clearance guarantee. Related reading: the Department of Public Safety.
What Is the Cost of Getting a Record Expunged in Texas?
The Napier Law Firm’s typical fee is $2,000 per expunction petition, including filing fees and full representation for that petition. Multiple petitions are separately priced; this does not mean that every arrest requires its own petition. This quote is for expunction, not nondisclosure.
Furthermore, Texas law doesn’t force you to work with an attorney to expunge your criminal record. Still, it’s always better to hire an attorney to help you navigate the complicated expungement laws and eligibility requirements.
Court costs and attorney fees are distinct categories, but filing fees are included in the firm’s typical per-expunction-petition price above.
Court costs depend on the filing court, route and required transmissions. Do not assume that another county’s fee schedule or a separate nondisclosure price applies.
Benefits of Misdemeanor Expungement
Going through the complex expungement laws can be daunting for many. It might take a lot of time and effort to finally get a clear criminal record. However, living without the burden of a criminal record is worth all the hassle.
1. Better Job Opportunities
A criminal record can be a barrier when applying for a job. No matter how much potential a person has or how well they fit the job, employers will run a criminal background check before hiring them.
Going through application forms and interviews is already challenging, and nobody wants to miss out on their dream job because of a minor mistake from the past.
Expunction can remove covered records from ordinary public access and address barriers to employment. It does not guarantee a clean report, a job offer or the removal of unrelated records.
2. More Housing Opportunities
Similar to employers, landlords and rental agencies often run criminal background checks on their tenants. If a tenant doesn’t have a clean criminal record, his application will most likely be refused.
That said, expunging a person’s criminal record helps them avoid such situations and get better housing opportunities.
3. Emotional and Psychological Benefits
Peace of mind is perhaps the most important benefit of expunging a criminal record. Individuals no longer have to worry about legal issues or facing discrimination in the community because of their past.
To Sum Up
We hope you found this guide on how to expunge a misdemeanor in Texas helpful. We understand the process can be daunting at first, but it’s definitely worth it.
Remember that expungement laws and requirements are quite complex. So it’s a good idea to hire a Conroe Expunctions Lawyer to guide you through the process and help you determine the best course of action for your specific situation.
If you need a prior criminal charge erased off your record in Houston, contact us today to schedule a consultation and learn more about how we can help. We also serve Harris County, Montgomery County, Houston, Galveston County, Conroe, and Fort Bend County.
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.