In Texas, a misdemeanor conviction remains on a person's criminal record indefinitely unless it is expunged by the court.
First-time offenders can be subject to hefty fines and lengthy periods of incarceration, so it is crucial to seek legal representation that can guide you through the court system and fight for your rights. The steps taken by your legal team can help bolster your case for lessened or alternative sentencing options.
The first step in gaining an expunction is to file a Petition for Expunction with the district court requesting that the court grant an Order for Expunction. A basic form for both the Petition for Expunction and Order for Expunction are included at the end of this pamphlet.
Most first-time misdemeanors do not result in jail time. If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects.
Misdemeanor Classification in Texas Misdemeanor ClassJail PenaltiesFines Class A Misdemeanor Up to one year in jail Max fine of up to $4,000 Class B Misdemeanor Up to 180 days in jail Max fine of up to $2,000 Class C Misdemeanor None (fine only) Max fine of up to $500
What Offenses are Not Eligible for a Nondisclosure in Texas? Aggravated Kidnapping. Any family violence offense or any case in which there was an affirmative finding of family violence. . Human trafficking. Injury to a Child. Injury to the Elderly. Injury to the Disabled. Abandoning a Child.
Will I Go to Jail for a First Offense? Not necessarily. Texas offers several alternatives to jail time for first-time offenders, especially for non-violent crimes. Through pretrial diversion programs, deferred adjudication, or plea agreements, many first-time offenders can avoid incarceration.
Jail Sentence: A misdemeanor conviction can result in a period of incarceration in a county jail. Ranging from a few days to up to one year for Class A misdemeanors, up to 180 days for Class B misdemeanors, and up to 30 days for Class C misdemeanors.
Under certain circumstances, there is a possibility of getting your misdemeanor expunged from the record. That means it is essentially removed from the record, and if there is a background check, it will seem like you were never convicted of any crime.