Texas Petty Theft Expungement Guide | Class C Misdemeanor Record Remov

Understanding Petty Theft in Texas: More Than Just a Minor Offense

At Attorney911, our criminal defense attorneys have handled thousands of theft cases across Texas, from Houston to Austin to Beaumont. When someone faces a petty theft charge—often called a Class C misdemeanor theft in Texas—they frequently make the mistake of thinking it’s “no big deal” because the maximum penalty is just a $500 fine with no jail time. As Ralph Manginello, founder and managing partner with 25+ years of criminal defense experience in Texas courts, explains: “That’s one of the most dangerous misconceptions in criminal law. While a petty theft conviction won’t land you in jail, it will land on your permanent record, and that record can haunt you for years—affecting employment, housing, professional licensing, and even educational opportunities.”

Under Texas Penal Code §31.03, theft is defined as unlawfully appropriating property with intent to deprive the owner of that property. What many people don’t realize is that Texas law doesn’t actually use the term “petty theft”—this is a colloquial term for what’s formally a Class C misdemeanor theft when the value of the stolen property is less than $100. However, the statute also covers receiving stolen property, which means you can face charges even if you didn’t personally take the item.

In our experience defending clients across Harris, Travis, and Jefferson Counties, we’ve seen how these charges typically arise: shoplifting from retail stores, taking items from workplaces, or receiving property knowing it was stolen. The critical threshold is the $100 value limit. If you don’t have any prior theft convictions and the property value is under $100, the prosecution can only charge you with a Class C misdemeanor under Texas Penal Code §12.44(a). But here’s what the transcript doesn’t mention: if you have prior convictions or the value exceeds $100, the charges can escalate quickly to Class B or even felony theft. That’s why contacting an experienced Texas theft attorney immediately is crucial—we can prevent what seems like a minor charge from becoming a life-altering conviction.

The Hidden Consequences of a Petty Theft Conviction

While the transcript correctly notes the maximum penalty is a $500 fine, it doesn’t address the collateral consequences that can be far more damaging. As client Donald Wilcox discovered before coming to us: “One company said they would not accept my case.” A theft conviction, even for a Class C misdemeanor, appears on background checks and can:

• Disqualify you from employment in retail, banking, healthcare, education, and government positions
• Prevent you from obtaining professional licenses in Texas
• Affect your ability to rent housing (landlords routinely check criminal records)
• Impact immigration status for non-citizens
• Create problems with security clearances
• Remain permanently on your record unless properly expunged or sealed

At Attorney911, we’ve seen firsthand how a “minor” theft charge can derail careers and lives. That’s why we approach every case, no matter how seemingly small, with the same dedication and strategic planning we bring to our multi-million dollar personal injury cases. As Ralph Manginello, admitted to practice in the U.S. District Court for the Southern District of Texas and with experience in complex litigation like the BP explosion cases, explains: “The legal system doesn’t distinguish between ‘small’ and ‘big’ cases when it comes to the impact on your record. Our job is to protect your future, whether that means fighting a $100 theft charge or a catastrophic injury case worth millions.”

Pathways to Dismissal: Pre-Trial Diversion and Deferred Adjudication in Texas

The transcript mentions two primary ways to get petty theft charges dismissed in Texas: pre-trial diversion and deferred adjudication. At Attorney911, we’ve successfully guided hundreds of clients through both programs across Texas counties, but we want to emphasize a critical point: these programs vary significantly by county, and having an attorney who knows the local practices is essential. As the transcript notes, “It’s typically wise to retain an attorney who regularly defends clients in the same court you’ve been charged in.” This isn’t just advice—it’s a fundamental principle of our practice.

Pre-Trial Diversion: Your First and Best Option

Pre-trial diversion, sometimes called “diversion” or “deferred prosecution,” is essentially a contract between you and the District Attorney’s office. As the transcript explains, you must get permission from the DA to enter the program, sign a contract with a zero-tolerance policy, and complete specific requirements. What the transcript doesn’t detail is how difficult it can be to get accepted into these programs without experienced representation.

At Attorney911, our insider knowledge gives us an advantage. Lupe Peña, our associate attorney who spent years working for a national defense firm, understands how prosecutors evaluate these cases: “Having reviewed hundreds of cases from the defense side, I know what factors make prosecutors more likely to offer diversion. We present your case in a way that addresses their concerns while highlighting your positive attributes.”

Typical requirements for pre-trial diversion in Texas theft cases include:

• Completion of an anti-theft class (usually 4-8 hours)
• Payment of restitution to the victim (if applicable)
• Community service hours (typically 20-40 hours)
• Regular check-ins with the program coordinator
• Maintaining a clean record during the program period (usually 6-12 months)
• Payment of program fees (which can range from $300-$800)

The critical advantage of pre-trial diversion, as noted in the transcript, is that once you successfully complete the program and the charges are dismissed, you’re immediately eligible to file for an expunction. This is the gold standard—complete removal of the arrest and charges from your record as if they never happened.

We’ve successfully negotiated pre-trial diversion agreements for clients in counties throughout Texas. As client Cassie Wright shared about her experience with Ralph Manginello: “I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISSMISSAL!” That’s the power of having an attorney who knows how to navigate the local system.

Deferred Adjudication: A Different Path with Different Consequences

Deferred adjudication, formally known as “deferred adjudication probation” under Texas Code of Criminal Procedure Article 42A.101, represents a different legal path with significantly different long-term consequences. As the transcript correctly explains, with deferred adjudication, you plead guilty to the charge, but the judge defers entering a finding of guilt and places you on probation. If you successfully complete probation, no conviction is entered on your record.

However, there are critical distinctions that many people misunderstand:

• You must plead guilty: Unlike pre-trial diversion where you don’t enter any plea, deferred adjudication requires a guilty plea
• It’s court-ordered probation: You’re under the supervision of the court and probation department, with stricter requirements than pre-trial diversion
• Violation consequences are severe: If you violate probation terms, the judge can find you guilty and impose the full range of penalties
• Different record-clearing outcome: As the transcript emphasizes, “a non-disclosure is not an expunction”

What the transcript mentions but deserves emphasis: after successful completion of deferred adjudication, you’re eligible for a non-disclosure, not an expunction. Under Texas Government Code Chapter 411, a non-disclosure seals the record from most public view but doesn’t erase it. Law enforcement, certain government agencies, and some licensing boards can still see it. An expunction, under Texas Code of Criminal Procedure Chapter 55, completely destroys the records.

As Ralph Manginello explains: “This distinction is crucial. With expunction, you can legally deny the arrest ever happened. With non-disclosure, you cannot. For many of our clients, especially those in fields requiring background checks or professional licensing, this difference matters tremendously.”

We recently secured a favorable outcome using deferred adjudication in a drug case where, as our documented case results show: “Police found large quantity of illegal drugs in client’s home. Due to weaknesses we identified, we succeeded in arranging deferred adjudication. Our client will face no jail time and charges will be dismissed if he follows court rules. Prior to trial, he faced 5 to 99 years in jail.” This demonstrates our strategic approach—identifying weaknesses in the prosecution’s case to negotiate the best possible outcome.

Expungement Eligibility: When Can You Truly Erase a Petty Theft Record?

The transcript outlines several situations where expunction of petty theft charges may be possible under Texas law. At Attorney911, we want to provide more detailed guidance on each scenario, as the eligibility requirements are strict and navigating them requires precise legal knowledge.

Texas Expunction Law: Understanding Chapter 55 of the Code of Criminal Procedure

Texas expunction law is governed by Chapter 55 of the Texas Code of Criminal Procedure. The statute creates specific categories of eligibility, and meeting these requirements exactly is essential. As the transcript notes, “Under Texas law, you cannot expunge convictions from your record.” This is a fundamental rule with limited exceptions.

Here are the expunction-eligible scenarios for petty theft cases, expanded with our practical experience:

1. Acquittal or “Not Guilty” Verdict: If you were formally charged and found not guilty at trial, you’re eligible for expunction. However, many people don’t realize the clock starts immediately—you should file for expunction as soon as the acquittal is entered.

2. Actual Innocence Determination: If you were convicted but later determined to be actually innocent (through DNA evidence, recanted testimony, etc.), you may be eligible. This is rare but possible.

3. Pardon: If you received a full pardon from the Texas Governor or President, expunction may be available. Again, this is uncommon for petty theft cases.

4. Dismissal After Statute of Limitations Expiration: This is a more common scenario than people realize. If you were formally charged but the case was dismissed and the statute of limitations has expired (preventing re-filing), you’re eligible. For petty theft, this means five years must have passed since the alleged offense.

5. Arrest Without Formal Charges: If you were arrested but never formally charged (no indictment or information filed), you may be eligible after waiting periods. For Class C misdemeanors like petty theft, there’s a 180-day waiting period from the arrest date.

6. Successful Pre-Trial Diversion Completion: As mentioned earlier, this is one of the most common paths to expunction. Once charges are dismissed after completing diversion, you can immediately file for expunction.

7. Mistaken Identity or No Probable Cause: If you were arrested due to mistaken identity or without probable cause, you may be eligible even if charges were filed.

The 180-Day Waiting Period for Class C Misdemeanor Arrests

The transcript mentions this briefly, but it’s worth expanding: Texas Code of Criminal Procedure Article 55.01(a)(2)(A)(i)(c) establishes a 180-day waiting period for expunction of Class C misdemeanor arrests where no charges were filed. This means if you were arrested for petty theft but the DA never filed formal charges, you must wait at least 180 days from the arrest date before filing for expunction.

During this waiting period, the statute of limitations continues to run. For petty theft, that’s five years. So if the DA hasn’t filed charges within five years of the alleged offense, they cannot file them later. This creates what we call the “sweet spot” for expunction—after 180 days but before five years, you can argue that the statute of limitations prevents any future prosecution, making expunction appropriate.

As client Angel Walle discovered when working with us: “They solved in a couple of months what others did nothing about in two years.” Timely action on expunction matters.

Statute of Limitations on Texas Petty Theft: Understanding the Five-Year Clock

The transcript correctly states that the statute of limitations for simple theft offenses in Texas is five years under Texas Code of Criminal Procedure Article 12.01(4). However, there are nuances and exceptions that can significantly impact your case.

When the Clock Starts—and When It Stops

The statute of limitations period begins when the crime is committed. For theft offenses, this is generally when the unlawful taking occurs. However, in cases of continuing theft or theft by check, different rules may apply.

The transcript mentions two exceptions that can extend the deadline:

• When you’re out of the state: Texas Code of Criminal Procedure Article 12.05 provides that any period during which the accused is absent from the state stops the clock from running. This means if you leave Texas for six months during the five-year period, you effectively have five years and six months before the statute expires.
• During pendency of an indictment: If you’re indicted, the statute is tolled (paused) while the indictment is pending. If the indictment is dismissed, the clock resumes.

There are additional exceptions not mentioned in the transcript:

• If the victim is under 18, the statute may be extended
• If the theft involves breach of fiduciary duty or misconduct by a public servant, the statute is ten years
• If the theft is discovered later, some courts have applied a “discovery rule” extending the statute

Why does this matter for expunction? Because if the statute of limitations has expired and charges were dismissed, you have a strong argument for expunction. As Ralph Manginello explains: “Insurance companies and prosecutors understand statutes of limitations. We use this knowledge strategically in negotiations. If the statute is about to expire, we can often secure dismissals that lead to expunction eligibility.”

Why You Need a Texas Petty Theft Lawyer: Beyond Convenience

The transcript advises contacting a petty theft lawyer immediately if you’ve been charged, and emphasizes the importance of hiring an attorney familiar with the local court. At Attorney911, we want to explain why this advice is so critical and how our specific experience gives you an advantage.

The County-by-County Reality of Texas Theft Cases

Texas has 254 counties, and each has its own procedures, policies, and personalities in the DA’s office and courts. As the transcript notes, “pretrial diversion and deferred adjudication programs are generally run on the county level.” What this means in practice:

• Harris County (Houston) has different diversion requirements than Travis County (Austin)
• Some counties are more lenient on first-time offenders; others take a harder line
• Judges in different counties have different attitudes toward theft cases
• Local prosecutors have discretion that varies by jurisdiction

At Attorney911, with offices in Houston, Austin, and Beaumont, we have firsthand experience across multiple Texas jurisdictions. As client Stephanie Hernandez shared about her experience with our paralegal Leonor: “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” That local knowledge and personal attention makes a difference.

How Attorney911’s Criminal Defense Experience Benefits You

While Attorney911 is known for our multi-million dollar personal injury results—like our “multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company” and our involvement in BP explosion litigation—our criminal defense practice is equally robust. Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA), an elite criminal defense organization, demonstrates our commitment to this area of law.

Our documented criminal defense successes include:

• “Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed”
• “Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from hospital were missing. Case dismissed on day of trial”
• “Our client was charged with DUI/DWI, state’s primary evidence was video field sobriety test. We succeeded in having case dismissed because our client did not appear drunk in the video”

These results demonstrate our investigative approach and attention to detail—skills that translate directly to theft cases. We look for weaknesses in the prosecution’s case, procedural errors, and constitutional violations that can lead to dismissals or favorable negotiations.

The Insurance Defense Advantage in Theft Cases

While Lupe Peña’s insurance defense background is most valuable in personal injury cases, the strategic thinking and negotiation skills he developed working for insurance companies translate to criminal defense. As Lupe explains: “Insurance companies and prosecutors both use similar tactics—they evaluate cases based on risk, evidence strength, and cost of prosecution. Understanding how they think gives us an advantage in negotiations.”

When you hire Attorney911, you’re not just getting a lawyer who knows criminal law—you’re getting a team with experience on both sides of the table, federal court admission (both Ralph and Lupe are admitted to the U.S. District Court for the Southern District of Texas), and a track record of taking on powerful opponents, from billion-dollar corporations in the BP explosion litigation to the University of Houston in our current $10 million lawsuit.

Frequently Asked Questions About Petty Theft Expungement in Texas

How long does the expunction process take in Texas?

The expunction process typically takes 3-6 months from filing to completion, depending on the county and court docket. After filing the petition, there’s a waiting period for any objections, then a hearing (though many are granted without hearing if unopposed). Once granted, we must serve the order on all agencies holding records. The entire process requires meticulous attention to detail—missing one agency can mean records remain accessible.

Can I expunge a petty theft conviction if I pled guilty?

Generally, no. Texas law prohibits expunction of convictions with very limited exceptions (actual innocence or pardon). If you pled guilty and were convicted, you likely need to explore other options like a petition for non-disclosure if you received deferred adjudication, or possibly a pardon. This is why it’s crucial to consult with an attorney before pleading guilty to any charge.

How much does it cost to expunge a petty theft record in Texas?

Costs vary by county and complexity. Filing fees typically range from $300-$500, plus attorney fees. At Attorney911, we offer transparent fee structures and will provide a clear estimate during your free consultation. Remember: the cost of NOT expunging can be much higher in lost opportunities.

Will an expunged theft record show up on background checks?

No. Once properly expunged, the records are destroyed and you can legally deny the arrest ever occurred. This differs from non-disclosure (sealing), where the record exists but isn’t publicly accessible. True expunction is complete eradication.

Can I handle petty theft expungement myself without a lawyer?

While technically possible, we strongly advise against it. The process is procedurally complex, with strict deadlines and requirements. One mistake can result in denial or incomplete expunction. As client Jamin Marroquin said of Ralph Manginello: “Mr. Manginello guided me through the whole process with great expertise.” That guidance is invaluable.

How does a petty theft charge affect my driver’s license?

For simple petty theft, your driver’s license is not typically affected. However, if the theft involved a vehicle or you used a vehicle in commission of the theft, there could be consequences. Also, failure to pay fines can lead to license suspension.

Take Action Now: Protect Your Future from a Petty Theft Record

At Attorney911, we understand that facing theft charges—even for what seems like a minor offense—can be frightening and confusing. The legal system moves forward whether you’re ready or not, and delays can harm your case. Evidence can be lost, memories fade, and opportunities for pre-trial diversion may pass.

As Ralph Manginello, with 25+ years of experience in Texas courts, emphasizes: “Time is not on your side in criminal cases. The sooner we get involved, the more options we have. Early intervention can mean the difference between expunction and a permanent record.”

Our firm has recovered millions for clients in personal injury cases and secured dismissals in criminal cases across Texas. We’re currently litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity, demonstrating our willingness to take on complex, high-stakes cases. But we give the same dedicated attention to “small” theft cases because we know they’re not small to you.

With offices in Houston, Austin, and Beaumont, we serve clients throughout Texas. Our team includes bilingual staff, and all consultations are available in Spanish. We work on a contingency fee basis for personal injury cases, and for criminal defense, we offer transparent, competitive fee structures.

Don’t let a petty theft charge become a permanent barrier to your future. As client Glenda Walker shared about her experience with us: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”

Call our legal emergency line today at 1-888-ATTY-911 (1-888-288-9911) for a free, confidential consultation. Visit our website at attorney911.com to learn more about our practice and read our 251+ Google reviews with a 4.9-star rating. At Attorney911—The Manginello Law Firm, PLLC, Legal Emergency Lawyers™—we defend people like you every day, and we sincerely want to hear your story.

Remember: The statute of limitations may protect you from future prosecution, but it doesn’t automatically clear your record. Only proper legal action can do that. Call 1-888-ATTY-911 now and let’s discuss how we can help you move forward with a clean record.

Frequently Asked Questions

How long does the petty theft expunction process take in Texas?

The expunction process typically takes 3-6 months from filing to completion, depending on the county and court schedule. After filing the petition, there’s a waiting period for objections, then potentially a hearing. Once granted, we must serve the order on all agencies holding records. Early attorney involvement can streamline this process.

Can I expunge a petty theft conviction if I pled guilty?

Generally, no. Texas law prohibits expunction of convictions with very limited exceptions like actual innocence or pardon. If you pled guilty and were convicted, you may need to explore non-disclosure options if you received deferred adjudication. This is why consulting an attorney before pleading is crucial.

How much does it cost to expunge a petty theft record?

Costs vary by county and complexity, with filing fees typically $300-$500 plus attorney fees. At Attorney911, we provide transparent estimates during free consultations. The long-term cost of not expunging—in lost employment and housing opportunities—often far exceeds the legal fees.

Will an expunged theft record show up on background checks?

No. Once properly expunged under Texas Code of Criminal Procedure Chapter 55, the records are destroyed and you can legally deny the arrest ever occurred. This differs from non-disclosure where records exist but aren’t publicly accessible. True expunction means complete eradication.

Can I handle petty theft expungement myself without a lawyer?

While technically possible, we strongly advise against it. The process has strict procedural requirements, and mistakes can lead to denial or incomplete expunction. Our experience with Texas courts ensures proper filing, service, and follow-through on all necessary steps for complete record clearance.

What’s the difference between expunction and non-disclosure for theft cases?

Expunction completely destroys records as if the arrest never happened—you can legally deny it occurred. Non-disclosure seals records from public view but law enforcement and some agencies can still access them. Expunction is available after pre-trial diversion dismissals; non-disclosure follows successful deferred adjudication.