Expunging a Class C Misdemeanor in Texas

May 28, 2025

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 simple drug paraphernalia possession (for small amounts)

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 will show up on your record (and thus on background checks) unless it’s been cleared through an expunction or sealed by nondisclosure. 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 an Expunction Under Texas Law?

An expunction (also called expungement) is a court-ordered process that destroys and seals all records of a criminal arrest, charge, or conviction. Under the Texas Code of Criminal Procedure, Chapter 55 (now recodified as Chapter 55A effective 2025), a person who qualifies for expunction “is entitled to have all records and files relating to the arrest expunged” – meaning the records are wiped out as if the incident never occurred. Once an expunction is granted, police, court, and government files about the offense are erased or returned to the petitioner, and you can legally deny that the incident ever happened in most cases.

Importantly, Texas law does not allow expunction of convictions in most circumstances. Expunction is generally only available if the case did not result in a final conviction. In other words, if you were actually convicted (even for a Class C misdemeanor, such as by pleading guilty and paying the fine), you typically cannot get that off your record via expunction. However, Class C misdemeanors have a unique exception: if you successfully complete a deferred disposition for a Class C charge (explained below), Texas law does allow you to expunge that record. This is different from higher offenses (Class A or B misdemeanors and felonies), where deferred adjudication can only be sealed via nondisclosure, not fully expunged.

Who Is Eligible to Expunge a Class C Misdemeanor?

Under Article 55.01 of the Texas Code of Criminal Procedure (the Texas expunction statute), there are several scenarios in which you can seek an expunction of a Class C misdemeanor record. In plain terms, you may be eligible to expunge a Class C misdemeanor if any of the following apply:

• Deferred Disposition Completed: You were placed on deferred adjudication (deferred disposition) for the Class C misdemeanor, complied with all terms, and the court dismissed the charge. Texas law (Article 45.051(e) of the Code of Criminal Procedure) explicitly allows expunction of Class C charges that were dismissed after deferred disposition. This is one of the most common paths to expunction for Class C offenses – for example, if you received deferred disposition for a traffic ticket or minor offense, once it’s dismissed you can petition to clear it from your record.
• Case Dismissed or No Charges Filed: You were arrested or cited but never convicted – for instance, the prosecutor dismissed the case, or you were cited but the state never filed formal charges. In these situations, you can seek expunction as long as you meet certain waiting-period requirements. Texas law sets a waiting period of 180 days from the date of arrest for Class C misdemeanors if no charges are filed (for Class A or B misdemeanors the wait is 1 year, and 3 years for felonies). After that time has passed with no charges (or after a dismissal), you become eligible to file for an expunction of the arrest record, provided you have no final conviction and no pending charges related to that arrest.
• Acquittal at Trial: You went to trial and were acquitted (found “Not Guilty”) of the Class C misdemeanor. In this case, you are immediately entitled to expunction of all records for that charge. Texas law mandates that if you are tried and acquitted (or if your conviction is reversed on appeal), you can have the arrest and case records expunged without waiting.
• Conviction overturned or pardoned: While rare for a Class C, if you were convicted but later pardoned or the conviction was vacated on appeal, you may seek expunction. (Pardons for Class C misdemeanors are uncommon, but the expunction statute does cover this scenario for all offense levels.)
• Pre-Trial “Discretionary” Expunction: In 2019, Texas added a provision allowing prosecutors to agree to an expunction in certain cases even before trial. If the prosecuting attorney officially recommends expunction of your Class C charge (for example, as part of a deal or in the interest of justice), the court may grant an expunction even if the typical waiting period or conditions aren’t yet met. This is not common, but it is another avenue if the State consents.

It’s worth emphasizing that a paid fine equals a conviction for Class C misdemeanors. Simply paying your ticket or pleading guilty means you have a conviction on your record that cannot be expunged in the future. That’s why seeking deferred disposition or fighting the charge is crucial if you want the option to clear your record. For example, if you get a speeding ticket and just pay it, it becomes a conviction and will stay on your driving and criminal record. If instead you request deferred disposition and complete it, the charge gets dismissed – and you can then expunge it, removing it from your history entirely.

Timing of an expunction for a Class C misdemeanor will depend on the situation:

• If you completed deferred disposition, you can usually file for expunction as soon as the case is dismissed and any required waiting period in the statute is satisfied (often there is no additional wait beyond the case dismissal for Class C deferred cases). Many people apply for the expunction immediately after they receive the dismissal order from the court.
• If your Class C case was dismissed without any deferred adjudication, or you were cited but not charged, you must wait 180 days from the date of arrest or citation before petitioning the court (unless a prosecutor agrees to an earlier expunction). This 180-day rule prevents someone from expunging a record while the statute of limitations is still running, just in case charges could later be filed. After 180 days with no action, you’re in the clear to seek expunction.
• If you were acquitted, you are eligible right away – there is no waiting period at all after an acquittal. You can file your expunction petition as soon as the judgment of acquittal is final.

Keep in mind that the expunction process itself takes some time (usually a few months for the court to process and for agencies to destroy records). But once the expunction is granted, the effect is powerful: the law requires agencies to delete or return all records of the arrest/charge, and you can truthfully deny the incident on job applications, etc. (with very limited exceptions for certain government jobs or re-arrests).

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. Expunging the record means it will not appear on standard background checks for jobs.
• 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. Clearing the record through expunction helps ensure a minor ticket won’t hinder your ability to rent a home or apartment.
• 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. Expunging an eligible offense removes it from public records so that it generally does not have to be disclosed or considered for licenses or school.
• Insurance and Driving Record: For traffic-related Class C convictions (like speeding), your driving record is affected, which can raise your auto insurance rates. If expunged, the incident is removed from your driving history and cannot be used by insurance companies to increase premiums.
• Peace of Mind and Reputation: Beyond the tangible effects, there’s something to be said for peace of mind. With an expunction, the law treats you as if the offense never occurred. You can check “No” on questionnaires asking if you have a criminal record (except in very limited circumstances like applying for law enforcement or state licensure), and you don’t have to live with the stigma of a record. If you ever face future legal trouble, that old Class C won’t count against you because legally it no longer exists.

In short, not expunging a Class C misdemeanor means it stays on your record forever, visible to anyone who searches public court databases or DPS records. Given how straightforward expunction can be for Class C cases, the long-term benefits of a clean slate far outweigh the short-term effort. As one Texas attorney put it: “even these minor infractions are considered criminal offenses under Texas law…there are legal pathways to prevent them from becoming permanent blemishes on your record.” Expunction is that pathway.

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 an expunction, it’s helpful to know which court your case came from, as you’ll need information from that case (like the dismissal order, cause number, etc.). Below is detailed local information for every Justice of the Peace and Municipal Court in Montgomery County, including names, addresses, and contact numbers.

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.)

Each JP court has the same authority under Texas law to grant deferred disposition on Class C charges and to sign dismissal orders that make you eligible for expunction. If your Class C case was handled by a JP, you would file your expunction petition in a district court (typically in Montgomery County district court) after getting the dismissal or meeting the criteria, not in the JP court itself. (JP courts handle the trial of the ticket, but district courts handle expunction petitions for any case in the county.) It’s wise to keep copies of all paperwork from the JP court (like deferral orders or dismissal judgments) to use in your expunction filing.

Municipal Courts in Montgomery County

Montgomery County is home to several incorporated cities and towns, each of which has its own Municipal Court to handle Class C misdemeanors arising in that city. Below is a list of every Municipal Court in Montgomery County along with contact information. If you received a ticket or were charged by a city police department, it was likely processed in one of these courts:

• 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: 200 N. Bell St., 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: 281-399-2660
• 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

If you had a Class C charge in any of these cities, it would have been handled in that city’s municipal court. Like JP courts, municipal courts can grant deferred disposition and will issue a dismissal upon completion. After that, an expunction petition would typically be filed in a county court at law or district court (many counties, including Montgomery, require expunctions to be filed in district court). You will need to list the municipal court and other agencies (like the city’s police department) in your expunction petition so that all those records can be cleared. It can be a bit of paperwork to notify all these entities, which is one reason many people choose to work with an attorney to navigate the expunction process.

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: In Montgomery County, expunctions are usually filed in a district court. (For example, the 284th or 418th District Court sitting in Conroe might hear expunction petitions.) There will be a filing fee (often around $300 in total, though this can cover multiple agencies), which sometimes can be refunded if the expunction is granted and certain conditions are met. Once filed, your case will be given a new cause number separate from the original ticket.
• Serve the Agencies: After filing, you must serve notice of the petition on all the respondents, which include any agency or official who might have records (e.g., the city police, county sheriff, DPS Crime Records, the Municipal Court or JP, etc.). They have a right to object if something is incorrect. In many cases, especially for Class C dismissals, agencies do not object and may even file answers agreeing to the expunction.
• Attend the Hearing (if required): The court will set a hearing date (typically 30-60 days out). In some uncontested expunctions, the judge may sign the order without a formal hearing. If there is a hearing, you or your attorney will present the evidence that you meet the requirements (usually just submitting the documents like the dismissal order and affirming that you have no disqualifying convictions). Assuming all is in order, the judge will sign an Order of Expunction.
• Circulation of the Order: The signed expunction order is then sent to all the agencies directing them to destroy their records of your arrest/case. They typically have 60 days to comply. This includes court files, police incident records, jail records, and DPS criminal history entries. Once processed, background checks should come back clean – it will be as though the incident never happened.

While it’s possible to handle a Class C expunction on your own, many people choose to get legal help to ensure it’s done right. A single mistake (like misnaming an agency or failing to include an identifier) can delay the process or result in some records not getting cleared. Given the importance of a clean record, working with an experienced attorney can give you peace of mind that all traces of the offense will be removed.

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.