Can Class A Misdemeanor be Expunged in Texas?
In Texas, a misdemeanor conviction can have long-lasting consequences, including affecting a person’s ability to get a job, rent an apartment, or even receive financial aid. Fortunately, the Texas Legislature has enacted laws to allow for the expunction of certain criminal records. But can a Class A misdemeanor be expunged in Texas?
Class A Misdemeanors in Texas
Before discussing expunction, it’s essential to understand the classification system in Texas. Misdemeanors are divided into three classes: Class C, Class B, and Class A. Class A misdemeanors are the most severe, with penalties ranging from 0 to 1 year in jail and/or a fine of up to $4,000. Examples of Class A misdemeanors in Texas include assault, domestic violence, and theft between $1,500 and $20,000.
Eligibility for Expunction
According to Texas Code of Criminal Procedure (CCP) Article 55.03, certain criminal records may be eligible for expunction. In general, to be eligible for expunction, a person must demonstrate that their criminal record does not involve a conviction. This can include cases that were dismissed, nolle prosequi (discontinued), or resulted in an acquittal.
However, in the case of Class A misdemeanors, the legal landscape is more complex. Texas Penal Code (TPC) Section 12.06 prohibits the expunction of Class A misdemeanor records unless specifically authorized by the Texas Government Code.
Exceptions: When a Class A Misdemeanor Can be Expunged
There are limited situations where a Class A misdemeanor can be expunged in Texas:
- Dismissal: If the case is dismissed, and the District Attorney (DA) certifies that the dismissal is based on insufficiency of evidence or that the defendant is factually innocent, the case may be eligible for expunction. (TPC Section 12.06)
- Nolle Prosequi: If the case is nolle prosequi (discontinued) and the DA certifies that the defendant is factually innocent, the case may be eligible for expunction. (TPC Section 12.06)
- Acquittal: If the defendant is acquitted by a trial court, their criminal record may be eligible for expunction. (CCP Article 55.03)
- Plea Bargain: In limited circumstances, a defendant may be able to negotiate a plea bargain to a misdemeanor offense that allows for the expunction of their Class A misdemeanor record. However, this would require cooperation with the prosecution and typically involves a non-disclosure agreement.
The Process of Expunction
To initiate the expunction process, a petition must be filed with the court and served on the DA, law enforcement agency, and other relevant parties. The petition must specify the crime for which expunction is sought and the grounds for expunction (e.g., dismissal, nolle prosequi, acquittal, or plea bargain).
The court will then review the petition and notify the parties to respond within a specified time frame. If the court grants the petition, it will order the expunction of the criminal record. The respondent (e.g., DA or law enforcement) must also comply with the court’s order by certifying the expunction with the court and the State of Texas.
Expunction Process Timeline
The expunction process can be lengthy, and it may take several months to complete. The following is a general timeline:
- Petition filed: 10-30 days
- Service of petition: 10-30 days
- Respondent’s response: 20-60 days
- Court review and ruling: 30-120 days
- Expunction certification: 10-30 days
- Destruction of records: 30-60 days
Conclusion
While Class A misdemeanors can be difficult to expunge in Texas, there are limited situations where it is possible. It’s essential for individuals with Class A misdemeanor convictions to understand the legal nuances and requirements for expunction. By exploring the various exceptions and filing a petition with the court, individuals can take steps to clear their criminal records and move forward with their lives.
Table: Comparison of Misdemeanor Classifications
| Misdemeanor Class | Penalties | Examples |
|---|---|---|
| Class C | Fine up to $500 | Disorderly conduct, low-level theft |
| Class B | 0-180 days in jail, fine up to $2,000 | Public intoxication, possession of marijuana |
| Class A | 0-1 year in jail, fine up to $4,000 | Assault, domestic violence, theft between $1,500 and $20,000 |
Bullets List: Key Points to Consider
• Not all Class A misdemeanors are eligible for expunction.
• The expunction process involves filing a petition with the court and compliance with legal requirements.
• The timeline for expunction can vary depending on the specific circumstances.
• An attorney should be consulted for guidance on the expunction process.
