A Guide on How to Expunge Theft Charge in Texas

With theft charges lurking in the background, life can get very complicated for someone living in Texas. Getting a job, buying a house, or even starting a new relationship are just a few of the things that can be derailed by the exposure of a past criminal offense.

Many people are often surprised at the amount of detail that can be uncovered by a simple background check.

While considered relatively minor offenses, Class C misdemeanors, such as shoplifting and petty theft charges, do show up on a person's criminal history.

As such, it is in anyone's best interest to explore ways to have their criminal record expunged. With the right attorney on their side, it will be like the offense never happened, leaving past offenders free to start a new chapter in their lives.

In Texas, one of the go-to legal teams for the expungement of theft charges and other criminal records is Sparks Law Firm. A free consultation can be set up right now. They explain how to expunge robbery charge in Texas as well.

What Does It Mean to Expunge a Theft Record?

The process of destroying all evidence of an arrest and permanently erasing a charge or a conviction from a person's criminal record is called expungement.

Here, it is important to understand that not all criminal charges are eligible for expungement, which is why it is important to talk to an experienced lawyer. They can also assist with how to expunge fraud charge in Texas.

Is Expungement the Same As a Nondisclosure Order?

While both are ways of cleaning up a person's criminal record, expungement and non-disclosure have slight but important differences.

As explained above, expungement permanently destroys entries from an adult's criminal record. A non-disclosure order or record sealing will only hide certain offenses from the public.

However, this information will still be available to certain government, licensing, and criminal justice agencies.

Can Theft Charges Be Expunged From the Record in Texas?

In the case of theft charges, the good news is that yes, they can be permanently expunged from a person's criminal record in Texas if they are resolved without a final conviction or dismissed without probation, including pretrial diversion or deferred adjudication.

Examples of theft charges that can be expunged are:

• Organized retail theft

• Theft of telecommunications service

• Mail and cargo theft

• Theft of trade secrets

• Receiving stolen property

• Burglary

• Robbery and aggravated robbery

• Theft of service

Expungement Eligibility Under Texas Law

There are some circumstances where expungement is not possible, such as probation cases and theft convictions.

Certain offenses are also deemed too serious to be eligible for being expunged, such as:

• Aggravated kidnapping

• Murder and capital murder

• Endangering or abandoning a child

• Injury to a child, elderly individual, or disabled individual

• Violation of a court protective order in cases involving trafficking, stalking, abuse, sexual assault, or family violence

• Stalking

• Any offense involving family violence

• Offenses that require sex offender registration

What Are the Requirements for Expunction?

Certain criteria must be met to qualify for a criminal record expungement. Before petitioning the court, an offender must:

• Have only been arrested and not charged or convicted

• Not have been convicted of any other criminal offense (excluding certain juvenile offenses)

• Be a victim of identity theft

• Not have received probation or deferred adjudication

• Have been acquitted or pardoned by the court

• Not have been convicted of any felony within five years or being arrested

The Waiting Period for Expungement

Having a theft record expunged is not always easy, and offenders need to be prepared to be patient. In Texas, there is a required waiting period for criminal charges to be expunged, which is:

• Three years for a felony

• One year for Class A and B misdemeanors

• 180 days for Class C misdemeanors

Some misdemeanors may require a two-year waiting period after the offender has served their jail time to become eligible for expungement, while some felonies can require waiting for as long as five years.

Since each case is different, and a lot can depend on how the argument is presented to and received by the court, having proper legal representation during a court hearing for record expungement is always the best option to choose.

Process of Criminal Record Expungement in Texas

Whether dealing with Class C misdemeanors, such as a theft case, or other slightly more serious offenses, the process of petitioning the court to get a record expunged is more or less the same, except for the waiting period, of course. For more information, our criminal defense lawyer in Fort Worth TX may be able to help.

In general, the following are the five steps involved:

Eligibility Assessment: An experienced lawyer will look at the particulars of the case and other potential legal issues to help decide whether criminal record expungement is possible under Texas law.

Petition for Expungement: This refers to going back to the court that handled the case and requesting a record expungement. This can be a complicated process which requires legal representation.

Notice to Relevant Parties: The court has to notify relevant parties about the petition, including the prosecutor who may decide to challenge the expungement.

Expungement Order: If all goes well for the petitioner, the court will grant the request and initiate the process of having their crimes expunged.

Sealing of Records: When law enforcement organizations or other relevant parties receive the request from the court, they will begin sealing or destroying all evidence related to the charges, making them inaccessible to the public.

Deferred Adjudication and Pretrial Diversion Program

Besides having a criminal record expunged at a later date, there are other options that person can pursue to maintain a clean history, such as seeking a deferred adjudication or taking part in a pretrial diversion program.

With the permission of the District Attorney, an offender may be allowed to participate in a pretrial diversion program that may include anti-theft classes, restitution, or community service.

After completing the pretrial diversion program, the charges will be dismissed, and the offender can immediately apply for record expungement.

Deferred adjudication requires the offender to plead guilty to the offense, although no conviction or jail time will be handed down.

The person will be placed on probation, during which they may be required to do community service, take an anti-theft class, or go for regular drug and alcohol testing.

Need a Lawyer? Call Sparks Law Firm

Anyone who has ever had their housing prospects or chances of being awarded professional licenses hinging on a background check knows the importance of having theft charges expunged.

Sparks Law Firm has been helping residents of the great state of Texas for many years with their record expungement and is ready to help.

If you need help from an experienced, compassionate, and highly-rated attorney, call right now and schedule a free case evaluation.