A Class C misdemeanor is a minor offense under Texas law. Most of these offenses do not attract a jail sentence but result in a small fine. However, the minor nature of the offense does not prevent it from entering your record. When an arrest or conviction enters your criminal record in Texas, it can affect multiple aspects of your life.

Individuals or entities who find the record during background checks can use the conviction to discriminate against you. A criminal record does not erase automatically. You must request the court to erase it through expungement or a non-disclosure order.

Texas law has a specific criterion that each person must meet to erase the record. Erasing your class C misdemeanor for a clean slate can be complex. Therefore, you will need a reliable attorney to guide you.

Whether a Class C Misdemeanor Stays on Your Criminal Record

A Class C misdemeanor is the lowest-level misdemeanor under Texas law. The punishment you will face for the offense includes a fine of up to $500. There is no direct jail sentence associated with the offense. However, if you are arrested or found guilty, it will enter your criminal record and remain there.

The record can impact your life for a long time. Therefore, you may need to take further measures to have it erased. Standard Class C misdemeanors under Texas law include:

  • Traffic Violations

Traffic violations are the most common Class C misdemeanors in Texas. These include speeding, running red lights, or failing to signal. Although these may seem minor, repeated violations can linger in your criminal record and impact your life. Paying a fine might resolve the ticket. However, it still leaves a record that can affect your driving history.

  • Theft Under $100

Petty theft, or shoplifting items valued under $100, is a Class C misdemeanor. Even small thefts can have serious consequences in Texas. Their significance is that they can appear on your criminal record. This type of charge can harm your reputation. Furthermore, it can make employers hesitant to hire you, especially for jobs involving money or property.

  • Public Intoxication

Public intoxication happens when someone appears under the influence in a public place and poses a risk to themselves or others. You will not be sent to jail for this offense. However, it can still result in fines and a permanent record.

  • Disorderly Conduct

This offense addresses behaviors like using offensive language in public or causing a disturbance. Although disorderly conduct is a low-level offense, it can lead to fines. Also, it can stay on your record and ruin your reputation.

  • Minor in Possession of Alcohol

Underage possession of alcohol is a common offense among teens and college students. The penalties for the offense include fines, community service, and mandatory alcohol education programs. As a class C misdemeanor, possession of alcohol can enter your criminal record.

  • Possession of Drug Paraphernalia

Drug paraphernalia are items used to consume or store illegal drugs. They include pipes, rolling papers, or syringes. The offense is a class C misdemeanor and can still appear on your record.

  • Simple Assault

A simple assault occurs when someone causes or threatens minor physical harm without serious injury. It may result from a verbal argument or brief altercation. Even though it’s a minor charge, it can affect employment and relationships if it stays on your record.

A Class C misdemeanor in Texas can stay on your record forever if you do not. These offenses do not automatically disappear over time. Even though they are minor, they remain part of your criminal history.

You can avoid the disabilities of the record by taking the necessary measures to erase it. You can do this through a non-disclosure agreement or an expungement. However, you must meet the requirements for each process. Expungement completely removes the record, while nondisclosure hides it from public view.

Impact of a Class C Misdemeanor Conviction on Your Record in Texas

A Class C misdemeanor is the lowest level misdemeanor under Texas law. However, it can have devastating effects on your life. Minor offenses like disorderly conduct and traffic violations could impact your personal and professional lives. Class C misdemeanors enter and remain on your criminal record after the conviction.

Therefore, a person or organization performing a background check on you can find it and use it against you. The following are some collateral consequences of a Class C misdemeanor on your record:

Employment Applications

Employers in Texas perform background checks on potential employees before hiring. In Texas, criminal convictions are public records, meaning the employer will find the conviction. The record may raise concerns about your reliability. If you seek a law enforcement, education, or healthcare job, your application can be rejected due to your conviction.

Even if the offense is minor, having a criminal record can make it harder to compete for jobs. Sometimes, the employer may ask you to explain the circumstances of your offense, which is embarrassing to reveal.

Housing Applications

Landlords and property managers also check criminal records for potential tenants. A misdemeanor conviction on your record can cause the landlord to refuse to approve your rental application. This might happen if the landlord has strict screening policies. Even if an offense does not compromise the safety of other tenants, many landlords prefer a clean record. This can be limited to your housing options, or you must pay higher deposits.

Professional Licensing

Many careers in Texas require professional licenses. These include nursing, teaching, real estate, or law. Licensing boards review the criminal histories of applicants to ensure trustworthiness. A Class C misdemeanor could delay your application or defer your application. Some boards are lenient in minor cases and can give the license. However, others consider any criminal record a red flag, especially if the crime concerns public safety.

Difficulty Enrolling in Educational Institutions

Sometimes colleges and universities ask about your criminal history during admissions. An institution cannot automatically reject your application due to a Class C misdemeanor. However, the record can cause concern. Additionally, it can limit your eligibility for campus housing or financial aid.

Military Enlistment

The U.S. military conducts strict background checks on individuals who wish to join. A Class C misdemeanor may not automatically disqualify you. However, it can delay or complicate your enlistment process. Recruiters may need a waiver or a new documentation form to prove you are eligible. Your application can be denied if you have multiple class C misdemeanors to file.

Expunging a Class C Misdemeanor in Texas

Expungement is a legal process that erases an arrest or conviction record from public view. Expunging your arrest or convictions allows you to put your mistakes behind you. Also, you can avoid the collateral consequences of your conviction. In Texas, people with a Class C misdemeanor may qualify for expungement.

To qualify for expungement, you must meet specific legal requirements. The court reviews each case carefully before granting an order of expungement. The eligibility requirements for this type of post-conviction relief include:

You Were Acquitted

If a judge or jury found you not guilty of the alleged Class C misdemeanor, you can apply for expungement. When the court grants the expungement, the arrest and charges are obliterated from your record. This restores your clean background.

Dismissed Charges

The court can dismiss your Class C misdemeanor charges if there is insufficient evidence. You may qualify for expungement if your Class C misdemeanor case was dismissed. However, you must wait for the statute of limitations to expire. The statute of limitations is the time limit after which the state can file charges against you for a specific offense. For a class C misdemeanor, you have to wait for two years.

After Completing Deferred Adjudication

The court can give you deferred adjudication for a Class C misdemeanor. This allows you to complete a program and have your case dismissed. You qualify for an expungement if you have completed the program and met all the conditions. These conditions include paying fines or attending a class.

You Were Arrested but Never Charged

After an arrest for a Class C misdemeanor, the prosecution must find enough evidence before filing the charges. You may qualify for an expungement if the prosecution did not file charges for the offense. In this case, you must wait 180 days from the date of arrest. You can request expungement once that time has passed.

You Received a Pardon

You qualify for expungement if the Governor of Texas granted you a full pardon. A pardon clears you of the offense entirely.

Process of Expunging a Class C Misdemeanor in Texas

If you meet the eligibility criteria, you can follow these steps to expunge your Class C misdemeanor and remove it from your record:

Gather Case Information

When seeking an expungement of your Class C misdemeanor, you must start by collecting all details about your case. This includes:

  • Your case number
  • The court name
  • The date of arrest
  • The final case outcome

You can obtain these records from the clerk’s office or online court records.

Prepare the Petition

After gathering all the information, you can prepare the petition by completing the official Petition for Expunction form. When filling the form, you should include the following information:

  • Your personal details
  • The offense
  • Arrest date
  • All agencies that may have your record

Each agency that has your record will need to erase it. Therefore, you must accurately detail them.

File the Petition with the Court

After completing the form and attaching all necessary documents, you can submit the petition in the court where your case was handled. You must pay a filing fee ranging from $200 to $400.

Serve Notice to All Agencies

When the petition is filed, you must send copies of your petition to all law enforcement and state agencies involved in your case. This may include:

  • The Texas Department of Public Safety
  • The local police department
  • The prosecutor’s office
  • Attend a Court Hearing

The judge may schedule a hearing to review your request for an expungement. You should be prepared to explain why you qualify for expungement. Also, you must show proof that your case meets all legal conditions.

Wait for the Judge’s Decision

If the court approves your petition, the judge will sign an Order of Expunction. The order directs all listed agencies to delete or destroy your records permanently.

Verify Record Removal

After a few weeks, you can check with the agencies or the Texas Department of Public Safety to confirm that your record was cleared. Potential employers or landlords cannot use an expunged record against you. Furthermore, it gives you peace of mind knowing that you have put your mistakes behind you.

Nondisclosure Order for a Class C Misdemeanor in Texas

A nondisclosure order for a Class C misdemeanor in Texas hides your record from public view. It does not erase the offense. However, it keeps most employers, landlords, and schools from seeing it. Only government agencies, law enforcement, and specific licensing boards can access the record. This order is essential because it gives you a second chance to move on without your minor mistakes affecting your future. To qualify for a nondisclosure order in Texas, you must meet certain conditions:

  • You must have received deferred adjudication for your Class C misdemeanor
  • You must have completed all conditions of your deferred adjudication. These conditions include paying fines, attending classes, or performing community service.
  • You must not have any new convictions or pending criminal charges
  • You must wait 180 days after completing deferred adjudication before applying for the non-disclosure order

If you meet these requirements, you may be eligible to have your record hidden from public view. The process for getting a nondisclosure order involves several steps:

  • Wait for the eligibility period to end. You must wait for 180 days from the date of your case completion to file the petition for a non-disclosure order.
  • File a petition for nondisclosure. When you meet the time eligibility, you can file a petition with the court that handled your case.
  • Pay the filing fee. The filing fee for an order of nondisclosure in Texas ranges from $200 to $300.

Provide accurate case details. When filing a non-disclosure petition, you must provide exact evidence of successful deferred adjudication completion.

If the judge approves your request, the court will issue an order instructing state agencies to restrict access to your record. A nondisclosure order protects your privacy and reputation. It helps you enjoy your life without your minor record showing up in background checks.

Legal Options to Prevent a Permanent Record

You can erase a class C misdemeanor from your record to avoid consequences. However, the most effective way to protect your future is to stop a Class C misdemeanor from becoming a permanent record. With the right approach, you can resolve the case without a conviction appearing on your record. The options you could explore in this case include:

Deferred Disposition

Deferred disposition functions like probation for Class C misdemeanors. Instead of a conviction, the court permits you to complete specific requirements. You need to stay out of trouble and fulfill all court obligations during this time. Standard requirements of deferred disposition include:

  • Paying fines
  • Attending classes
  • Avoiding new offenses

The judge will dismiss your case if you follow all the conditions. After the case dismissal, you can apply for an expungement to obliterate the record. Deferred disposition is available for first-time offenders who want a second chance. If you seek a deferred disposition for your class C misdemeanor, you will need the insight of a reliable attorney.

Pretrial Diversion Programs

Several counties in Texas offer pretrial diversion programs. These programs focus on education and rehabilitation instead of punishment. To qualify for pretrial diversion, you must not have a criminal history. Additionally, you must agree to complete all program requirements.

Common conditions that the court can impose for the diversion program include:

  • Community service
  • Attending educational classes
  • Paying restitution

The prosecutor will dismiss your charge if you complete all the requirements successfully. After dismissal, you can seek expungement to clear your record permanently.

Plea Bargains and Case Dismissals

Sometimes, your lawyer can work with the prosecutor to resolve your class C misdemeanor more favorably. This can involve outright dismissal of the case for community service. In other cases, you can reduce the charge to a non-criminal offense. These approaches are ways to prevent something from being on your record permanently.

Find a Competent Criminal Defense Attorney Near Me

Class C misdemeanors are minor offenses like traffic violations, simple assault, and public intoxication. These offenses do not result in a jail sentence. Instead, the court will order you to pay a fine. However, the arrest and conviction for the offense will enter your criminal record.

In Texas, criminal records are accessible to the public. You can miss out on good job opportunities, school enrollment, or renting a good house due to your record. A class C misdemeanor can remain in your record for a lifetime. Therefore, you must make efforts to have it cleared.

This could include seeking an expungement or non-disclosure order. For these types of relief, you must meet the eligibility criteria and follow the proper procedures. If you want to erase a Class C misdemeanor from your record, you will require the expert legal insight we offer at Andrew Deegan Criminal Attorney at Law. Contact us today at 817-689-7002 from Fort Worth, TX, to discuss your case.