How to Expunge Burglary Charge in Texas: A Guide

How does one get a criminal record expunged in Texas? Is it even possible? These are questions many people ask, and it can be difficult to get the right answer.

Theft charges can ruin a person's record, and Texas law has some of the harshest penalties in the nation. With aggressive law enforcement agencies and mandatory reporting in certain industries, one can experience lifelong professional and personal consequences for a conviction.

Most people believe that theft charges automatically fall off a criminal record, but they do not, even if they're dismissed! In Texas, they can only be removed through a process called expungement. Our team can provide insight on how to expunge shoplifting charge in Texas.

Many times, theft cases are eligible for expungement. This is a powerful legal tool that will remove the records of the charge, allowing the person to deny it ever happened without consequences. However, the process is confusing, so it's often wise to hire a criminal defense lawyer in Fort Worth TX for assistance. Here is what people should know:

Can One Get a Criminal Record Expunged?

Yes, it is possible to get theft charges expunged from a person's criminal record in Texas. Still, they must be resolved without any final conviction, which includes a specialty court program, pretrial diversion, and a deferred disposition, or dismissed without probation after a trial court.

These theft charges are eligible for expungement:

• Burglary of vehicles

• Burglary

• Aggravated robbery

• Robbery

• Theft of petroleum products

• Theft of trade secrets

• Theft of/tampering with information or multichannel video services

• Theft of telecommunications services

• Mail theft

• Cargo theft

• Organized retail theft

• Theft of service

• Theft (generalized)

  
  

Generally, all Class C misdemeanors can be expunged in Texas, including alcohol-related offenses. Theft can be one of them if the above-mentioned situations apply.

How Does One Get Their Theft Charges Expunged?

After the waiting period has ended, one can file for expungement. The steps include:

1. Obtain a copy of the fingerprint card. One can do this from the L-1 Enrollment Services website.

2. Get the criminal record from the Texas Department of Public Safety.

3. Obtain the expunction forms, fill them out, and submit them to the district court.

4. Let the district attorney, the Texas Department of Public Safety, and the arresting police authority know about the petition.

5. Meet all the prerequisites. The DA evaluates the order and provides approval.

6. Present everything to the district court judge to officially clear the conviction.

7. If the judge approves, the criminal records must be destroyed by the arresting agency, the prosecutor's office, and the court.

   
   

Here are the basic requirements for a Texas expungement:

1. The person must have been placed under arrest.

2. The person's case was pardoned or acquitted successfully.

3. The person was released from the charge. Either it didn't result in a final conviction, it's no longer pending, or they didn't receive court-ordered community supervision for anything other than a Class C misdemeanor.

   
   

How Long Can a Theft Charge Stay on One's Record in Texas?

A theft charge will stay on a person's criminal record forever. It doesn't automatically disappear, even in cases of jury trial acquittals or prosecutor dismissals.

Ultimately, the only way one can clear a theft record in Texas is by getting an expungement.

Cases That Can't Be Expunged According to Texas Law

Dismissed charges can't be expunged until after the statute of limitations expires. This is the time frame for the State of Texas to prosecute, which varies.

Typically, the statute of limitations for felonies is three years, while Class A and B misdemeanors are two years. Likewise, Class C misdemeanors go from zero to 180 days.

There is no statute of limitations for:

• Human trafficking

• Leaving the accident scene when a death was involved

• Offenses against children

• Sexual assault

• Murder/manslaughter

The statute of limitations is 10 years for:

• Arson

• Sexual assault if the 18th birthday limitation doesn't apply

• Injury to an elderly individual, child, or disabled individual that's listed as a first-degree felony

• Forgery or passing/using/uttering forged documents

• Theft by a public servant under his/her official capacity

• Theft of an estate by a guardian, administrator, executor, or trustee with the intent to defraud

  
  

Overall, probation (including Deferred Adjudication) and theft convictions are ineligible for expungement. They won't qualify unless they were pardoned by the governor or overturned through criminal appeals.

Some first-time misdemeanor theft offenses could be sealed by a Nondisclosure Order, though.

Pricing for Getting a Charge Expunged in Texas

If the court grants an expungement, people can expect to pay up to $5,000 for the legal and administrative fees.

Is a Lawyer Required for an Expungement in Texas?

Though one can handle an expungement themselves, the process is complex. Therefore, it's best to work with a criminal defense attorney. they can also explain how to expunge underage drinking charge in Texas.

How Long Should One Wait for a Misdemeanor Expungement in Texas?

Technically, there's no waiting period involved in expunging misdemeanor theft acquittals and pretrial dismissals.

Generally, a misdemeanor criminal charge that was dismissed without probation has a one-year waiting period. Likewise, the statute of limitations may have to expire before being eligible for expungement.

The Statute of Limitations for Theft Charges in Texas

The statute of limitations is the time frame for filing a criminal charge in Texas, which is two years for theft.

How Long Will a Theft Felony Conviction Stay on One's Record?

Theft charges will remain on a person's criminal record in Texas forever. Expungement is the only way to clear it.

Will an Expunged Record Show on a Background Check in Texas?

No, the expunged records will not show on background checks.

Most people incorrectly believe that a criminal record in Texas will automatically be removed from background check results after seven years.

However, state justice agencies will keep that information. Understanding Texas criminal law is crucial to avoid missing job opportunities or being removed as a candidate for postings.

Advantages of Expunging a Criminal Conviction

There are many benefits of expunging one's arrest records. The main advantages include having more housing opportunities and better job options. A person's criminal past will no longer be a deciding factor for landlords, mortgage lenders, and employers.

Hire a Lawyer Who Understands Texas Expungement Laws

Do you want to clear your Texas criminal record? Overall, the best way to do that is by hiring a criminal defense attorney from Sparks Law Firm. We're located in Ft. Worth, TX, and can help you. Please call to request a free consultation today.