May 28, 2025
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
In Texas, a Class C misdemeanor is the least severe level of criminal offense – but it is still a criminal charge. Unlike higher misdemeanors or felonies, Class C offenses are punishable by fine only (up to $500) and carry no jail time. Common examples include minor infractions and petty offenses such as:
- Traffic violations – e.g. speeding tickets, running a red light, or driving without insurance
- Theft under $100 – minor shoplifting or petty theft incidents
- Public intoxication – being drunk in a public place (fine-only offense)
- Disorderly conduct – for instance, using offensive language or making unreasonable noise in public
- Minor in possession of alcohol or possession of drug paraphernalia—subject to the applicable offense and enhancement rules
Even though these offenses are “minor” in a legal sense, they still create a criminal record that is visible to the public. In fact, a Class C misdemeanor can remain on public records and appear on background checks; expunction and nondisclosure have different eligibility requirements . Many people are surprised to learn that paying the ticket or fine doesn’t make the record go away – it remains part of your history and can be discovered by employers, landlords, schools, or licensing boards. The good news is that Texas law provides a way to erase this record through a legal process called expunction .
What is the difference between expunction and nondisclosure in Texas?
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. Current eligibility is in Chapter 55A of the Texas Code of Criminal Procedure, effective January 1, 2025. 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.
An ordinary final Class C conviction generally cannot be expunged under the no-conviction route. 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. Higher-level deferred adjudication ordinarily does not qualify under that route; nondisclosure has separate requirements and is not guaranteed.
Who Is Eligible to Expunge a Class C Misdemeanor?
Current Chapter 55A provides several routes for seeking expunction of a Class C misdemeanor record. Each route has its own conditions; the following situations call for a case-specific review:
- Deferred Disposition Completed: Under Article 45A.305, successful compliance leads to dismissal without a final conviction. Expunction may then be available if the remaining Chapter 55A requirements are met and the court enters an expunction order. Receiving a deferral alone does not clear the record.
- Case Dismissed or No Charges Filed: A dismissal or absence of formal charges is not enough by itself. Articles 55A.051–.054 address release, disposition, supervision and the applicable charging or limitations conditions. The 180-day Class C route applies only when Article 55A.052 is satisfied, including no same-transaction felony charge for that period.
- Acquittal at Trial: A trial-court acquittal generally creates an entitlement under Article 55A.002, subject to Article 55A.151. An appellate acquittal falls under the discretionary route in Article 55A.101, including its finality conditions. A reversal or new-trial order alone is not an acquittal.
- Pardon or Actual-Innocence Relief: Articles 55A.003 and 55A.004 provide conviction-based routes for qualifying relief. A conviction being vacated or reversed alone does not establish eligibility.
- Pre-Trial Discretionary Expunction: Under Article 55A.101(a)(2), the authorized prosecuting office may recommend expunction before trial, whether or not an indictment or information has been presented. The court may grant relief; consent alone is not an automatic order.
Paying a ticket as a final disposition generally results in a conviction. A plea entered as part of deferred disposition is different: successful completion and dismissal avoid a final conviction, but expunction still requires the remaining statutory conditions and an order. Do not assume a criminal expunction automatically changes every driving record.
Timing of an expunction for a Class C misdemeanor will depend on the situation:
- After successful deferred disposition and dismissal, confirm the remaining Chapter 55A requirements before filing. Article 45A.305 permits an expunction route; it does not itself issue an expunction order or eliminate every possible waiting condition.
- The 180-day period is not a universal wait for every dismissed Class C case. Article 55A.052 can apply before limitations expire, and prosecutor certification is an alternative to its waiting periods. Other dismissal or limitations routes have different requirements.
- After a qualifying trial-court acquittal, there is no Article 55A.052 waiting period. Articles 55A.002, 55A.151 and 55A.201 govern entitlement and the requested order; an appellate acquittal follows the separate discretionary route.
Court and agency processing take additional time after eligibility is established.
Why Expunging a Class C Ticket Matters (Consequences of Not Expunging)
You might wonder if going through the expunction process is worth it for a “small” offense like a traffic ticket or a disorderly conduct citation. The answer in most cases is yes – it’s absolutely worth it. Leaving a Class C misdemeanor on your record can have surprisingly significant negative consequences for your future. Consider the risks of not expunging an eligible Class C record:
- Employment Opportunities: Most employers in Texas conduct background checks. Any criminal record, even a Class C misdemeanor, can show up and potentially cost you a job offer . Certain positions that require trust (like jobs involving financial responsibility, childcare, etc.) may disqualify candidates with any criminal history. At the very least, you may be forced to explain the offense to employers. Many of our clients have been denied employment due to a Class C record they thought was “no big deal,” because in a competitive job market an old ticket or minor charge can become a tiebreaker. An expunction order addresses covered records; compliance should be checked, and a job or clean background report is not guaranteed.
- Housing and Rentals: Landlords often check criminal records of applicants. A Class C misdemeanor (for example, a theft under $100 or drug paraphernalia citation) may lead a landlord to reject your rental application . Property owners have many applicants to choose from and often take a “better safe than sorry” approach. An eligible expunction can address covered records, but it does not guarantee approval of a rental application .
- Professional Licenses and Education: Certain professional licensing boards (nursing, education, etc.) and even college admissions or financial aid applications ask about criminal history. A Class C conviction on your record could complicate licensing or require you to disclose and provide paperwork . For instance, the Texas Medical Board and Nursing Board even consider Class C deferred adjudications in their background evaluations. Disclosure and licensing consequences require review of the final order and the particular application; neither admission nor a license is guaranteed.
- Insurance and Driving Record: A traffic conviction and a criminal arrest record require separate analysis. Chapter 55A.152 generally excludes driver’s-license suspension and revocation records except through specified Transportation Code provisions. Do not assume expunction guarantees removal of every driving-history entry or a lower insurance premium.
- Peace of Mind and Reputation: Expunction can reduce the burden of an eligible arrest record. 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.
In short, a Class C record does not disappear merely because the fine was paid or time passed. An eligible person can seek an expunction order, but the disposition and statutory route must be checked first.
Class C Misdemeanor Courts in Montgomery County, Texas
In Montgomery County, Class C misdemeanor cases are handled in local trial courts – either the Justice of the Peace (JP) courts or the Municipal Courts of cities in the county. Which court handled your case depends on who issued the citation or made the arrest:
- Justice of the Peace Courts have jurisdiction over Class C misdemeanors that occur in the county (typically outside city limits or where no city police were involved). JPs often handle traffic tickets from DPS or county constables, as well as other fine-only offenses in the county. Montgomery County is served by five JP precincts.
- Municipal Courts handle Class C misdemeanors that are violations of city ordinances or state law within that city. For example, a ticket from Conroe Police or Shenandoah Police would go to that city’s municipal court. These courts also handle city code violations.
If you’re planning to pursue expunction, identify the court that handled the charge and obtain its disposition records. The following court directory is a starting point; confirm current contact information with the court before using it.
Montgomery County Justice of the Peace Courts
Montgomery County has five Justice of the Peace precincts (Precincts 1 through 5), each led by an elected JP judge. All JP courts handle Class C misdemeanors (among other matters like small claims and evictions). Here are the JP courts in Montgomery County:
- Justice of the Peace Precinct 1 – Judge Wayne L. Mack
- Address (Willis Office): 300 South Danville, Willis, Texas 77378
- Address (Montgomery Office): 19380 Highway 105 West, Suite 507, Montgomery, Texas 77356
- Phone: 936-539-7801 (Willis) or 936-788-8374 (Montgomery)
(Precinct 1 serves north Montgomery County and has two locations.)
- Justice of the Peace Precinct 2 – Judge Trey Spikes
- Address: 2241 North 1st Street, Conroe, Texas 77301
- Phone: 936-538-3788
(Precinct 2 covers areas around Conroe.)
- Justice of the Peace Precinct 3 – Judge Jay Mac Sanders
- Address: 1520 Lake Front Circle, Suite 100, The Woodlands, Texas 77380
- Phone: 281-364-4284 (South County)
(Precinct 3 serves The Woodlands/South County area.)
- Justice of the Peace Precinct 4 – Judge Jason Dunn
- Address: 21130 Legion Road, Suite 100, New Caney, Texas 77357
- Phone: 281-577-8970
(Precinct 4 serves East Montgomery County including New Caney/Porter.)
- Justice of the Peace Precinct 5 – Judge Matt Masden
- Address: 19100 Unity Park Drive, Magnolia, Texas 77355
- Phone: 281-259-6494
(Precinct 5 covers the Magnolia and southwest Montgomery County area.)
Justice courts can handle qualifying fine-only expunction petitions under Article 55A.252; district court is not the only statutory route. Keep the original deferral and dismissal records, and verify the proper filing court for the particular petition.
Municipal Courts in Montgomery County
Montgomery County has several municipal courts handling fine-only cases. The following directory is not a substitute for confirming the current court, address and filing procedure.
- Conroe Municipal Court
Address: 2300 Plantation Drive, Conroe, TX 77303
Phone: 936-522-3380
(City of Conroe is the county seat and its municipal court handles all Class C violations within city limits.) - City of Montgomery Municipal Court
Address: 101 Old Plantersville Rd, Montgomery, TX 77316
Phone: 936-597-6434 - Willis Municipal Court Address: 501 W. Montgomery, Willis, TX 77378 Phone: 936-856-4611
- Magnolia Municipal Court
Address: 18111 Buddy Riley Blvd, Magnolia, TX 77354
Phone: 832-934-0605 - Shenandoah Municipal Court
Address: 29955 Interstate 45 N, Shenandoah, TX 77381
Phone: 281-298-5522 - Oak Ridge North Municipal Court
Address: 27424 Robinson Road, Suite 115, Oak Ridge North, TX 77385
Phone: 281-292-8736 - Panorama Village Municipal Court
Address: 99 Hiwon Drive, Panorama Village, TX 77304
Phone: 936-856-2821 - Patton Village Municipal Court
Address: 16940 Main Street, Splendora, TX 77372
Phone: 281-689-9511
(Patton Village uses Splendora as its mailing city; the court is located at Patton Village City Hall.) - Splendora Municipal Court
Address: 26090 FM 2090 East, Splendora, TX 77372
Phone: 281-399-1352 - Woodbranch Village Municipal Court
Address: 58A Woodbranch Drive, New Caney, TX 77357
Phone: 281-399-2300 - Roman Forest Municipal Court Address: 2430 Roman Forest Blvd, Roman Forest, TX 77357 Phone: 281-399-7227
- Cut and Shoot Municipal Court
Address: 14391 Highway 105 East, Cut and Shoot, TX 77306
Phone: 936-264-3100 - Stagecoach Municipal Court
Address: 16930 Boot Hill Road, Stagecoach, TX 77355
Phone: 281-259-2225 - Woodloch Municipal Court
Address: 2620 N. Woodloch St., Conroe, TX 77385 (Town of Woodloch City Hall)
Phone: 936-321-3700
After a municipal Class C case is dismissed, evaluate the separate expunction requirements. Article 55A.252 permits qualifying fine-only petitions in a justice court or municipal court of record in the appropriate county; Article 55A.251 provides the district-court route. Do not assume that every municipal court is a court of record. The petition must identify the relevant record holders.
How to Start the Expunction Process
Expunging a Class C misdemeanor in Montgomery County involves filing a petition in the appropriate court and following the procedures set out by the Texas Code of Criminal Procedure. Here’s a quick overview of how to get started:
- Obtain Documentation: Get copies of all relevant court records for your case. This includes the citation or complaint, any deferral order, and especially the order dismissing the charge (or judgment of acquittal). You may need to contact the JP or Municipal Court (from the lists above) to get certified copies. These documents prove the outcome of your case, which is critical for the expunction.
- Prepare the Petition: The expunction petition is a formal legal document that must include information about you, the offense, the arrest, the case disposition, and a list of all agencies that have records of the case (police departments, courts, jail, DPS, etc.). It can be a bit complex because you must correctly name each agency (hence why having an attorney can help ensure nothing is missed). Montgomery County’s District Clerk may have a local expunction packet or form you can use, or your attorney will draft one.
- File in the Correct Court: 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. Court costs depend on the filing court and route; a district-clerk fee should not be applied to every fine-only petition. 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.
- Notify the Agencies: 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.
- Attend the Hearing: Under the general petition procedure, the court sets a hearing no earlier than the 30th day after filing. Present the disposition records and evidence supporting the applicable statutory route; local hearing arrangements should be confirmed with the court.
- Circulation of the Order: 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. There is no universal Chapter 55A rule that every recipient clears every record within 60 days.
You can seek expunction without an attorney, but an incorrect agency name or missing identifier can delay relief or leave records unaddressed. An attorney can help identify the covered records and follow up on the order; no one should promise that all traces of the event disappear.
Consult a Montgomery County Expunction Lawyer for Help
Expunging a Class C misdemeanor in Texas – especially in Montgomery County with its various local courts – can be manageable with the right guidance. The process involves detailed paperwork and knowledge of the legal requirements, but you don’t have to navigate it alone. The Napier Law Firm has extensive experience handling expunctions in Conroe and throughout Montgomery County, and we’re here to help you take full advantage of your second chance. We take a personalized, conversational approach with our clients, walking you through every step so you understand your rights and options.
If you have a Class C misdemeanor on your record that you believe is eligible for expunction, don’t wait to clear it. The longer it stays on your record, the longer it can hold you back. Reach out to our team to discuss your situation – we’ll review your case, verify your eligibility, and handle the legal heavy lifting to wipe the slate clean. Visit our Expunctions in Conroe page for more information on our expunction services, or simply contact us for a free consultation.
Take action today to put your Class C misdemeanor behind you. Call or contact The Napier Law Firm online to schedule a consultation with a knowledgeable Montgomery County expunction lawyer. We’ll guide you through the process and fight to clear your record, so you can move forward with confidence. Your future is too important to leave a minor blot from the past on your record – let us help you erase it and start fresh.
Want to Clear Your Texas Criminal Record?
The Napier Law Firm helps Texans clear arrests, dismissals, and qualifying convictions from their record. Learn about Texas expungement eligibility, the order of nondisclosure process, and what to expect during a record-sealing case. Schedule a free consultation to find out what’s possible for your record.
Frequently Asked Questions About Expunging a Class C Misdemeanor
Q: Can I expunge a Class C misdemeanor conviction in Texas? A: An ordinary final conviction generally does not qualify under the no-conviction route. Successful deferred disposition followed by dismissal is not a final conviction; expunction may be available if the remaining Chapter 55A requirements are met and an order is entered.
Q: How long do I have to wait to expunge a dismissed Class C case? A: The 180-day rule applies to a particular no-indictment-or-information route with no same-transaction felony charge. Dismissal alone does not establish that route. Prosecutor certification and other statutory grounds can change the analysis.
Q: Is there a waiting period if I was acquitted? A: A qualifying trial-court acquittal does not require the Article 55A.052 waiting period, but an expunction order is still required and Article 55A.151 must be considered. An appellate acquittal is a separate discretionary route.
Q: Does paying a Class C ticket count as a conviction? A: Paying the ticket as a final disposition generally results in a conviction. A guilty or no-contest plea within deferred disposition is different if the case is successfully completed and dismissed. Expunction requires a separate eligibility review and order.
Q: Where do I file an expunction petition for a Montgomery County Class C case? A: The statutory options include the district-court route and, for qualifying fine-only arrests, a justice court or municipal court of record under Article 55A.252. Confirm the appropriate county, court authority and local filing procedure.