Theft charges can ruin your record. Texas has some of the harshest criminal laws in the nation. Aggressive law enforcement, and mandatory reporting requirements in certain industries, can lead to lifelong personal and professional consequences for Theft charges in Texas. Contrary to popular belief, Theft crimes do not automatically fall off your record – even if dismissed. In Texas, Theft charges can only be removed through the Expungement.
Many Theft cases are eligible for Expungement under Texas law. Expungement is a powerful legal tool that deletes all records of a Theft case in Texas, and allows you to deny the charge ever happened.
CAN A THEFT CHARGE BE EXPUNGED IN TEXAS?
Yes, Theft charges can be expunged in Texas if they are dismissed without probation or resolved without a final conviction, including by Deferred Disposition, pretrial diversion, or specialty court program like a Veterans Treatment Court.
The following theft charges are eligible for expungement in Texas:
- Theft
- Theft of Service
- Organized Retail Theft
- Cargo Theft
- Mail Theft
- Theft of Telecommunications Service
- Theft of or Tampering with Multichannel Video or Information Services
- Theft of Trade Secrets
- Theft of Petroleum Product
- Robbery
- Aggravated Robbery
- Burglary
- Burglary of Vehicles
- How do you get Theft charges dropped in Texas? Getting Theft charges dropped requires a proactive legal strategy – this will often require an experienced legal defense skilled in exploiting evidentiary weaknesses and building compelling mitigation cases.
Dropped Theft charges do not automatically fall off criminal records in Texas. A Theft record can only be cleared through an Expunction.
- How long does Theft stay on your record in Texas? Forever. Theft charges do not ever automatically disappear from criminal records in Texas, even in cases of prosecutor dismissals or jury trial acquittals!
The only way to clear a Theft record in Texas is by pursuing an expungement.
WHAT CASES CANNOT BE EXPUNGED IN TEXAS?
Theft convictions and probation cases (including Deferred Adjudication) are ineligible for expungement in Texas. These cases will never qualify for expungement unless they are overturned on appeal or subject to governor’s pardon.
However, certain first-time misdemeanor Theft offenses may qualify to be sealed by Nondisclosure Order.
- How much does it cost to get a charge expunged in Texas? It costs up to approximately $5000 to expunge a Theft charge in Texas. The final cost of a Texas Theft expungement will vary depending on the jurisdiction and the nature of the case.
- Can I file for expungement without a lawyer in Texas? Expunging a theft case is a complex process that should be handled by experienced Texas expungement lawyers. An improper expungement can lead to disastrous consequences including lost job opportunities and pretextual police detentions! Therefore, it’s ultimately best to leave expungement to a knowledgeable criminal defense lawyer in Texas.
HOW LONG DO I HAVE TO WAIT TO EXPUNGE A MISDEMEANOR IN TEXAS?
There is no waiting period to expunge a misdemeanor Theft acquittal or pretrial diversion dismissal.
Misdemeanor Theft charges dismissed with no probation require a 1 year waiting period and some cases require expiration of the Statute of Limitations before expungement eligibility.
- How long do you have to wait to get a felony expunged in Texas? There is no waiting period to expunge a felony Theft acquittal or pretrial diversion dismissal.
Felony Theft charges dismissed without probation otherwise require a 3 year waiting period and certain expungements require expiration of the Statute of Limitations before a person can expunge their record.
- What is the Statute of Limitations on Theft charges in Texas? The Statute of Limitation is a time restriction for the filing of criminal charges in Texas. Misdemeanor Theft cases have a 2 year Statute of Limitations, which means a Defendant is subject to arrest and prosecution for 2 years after the offense.
Most felony Theft charges carry a 5 year Statute of Limitations although some cases require a 10 year period.
HOW LONG DOES A THEFT FELONY STAY ON YOUR RECORD?
Forever. Felony Theft records are absolutely devastating and remain on criminal justice background checks permanently in Texas even when dismissed.
The only way to clear a felony Theft record in Texas is by an expungement.
DO MISDEMEANORS SHOW UP ON BACKGROUND CHECKS IN TEXAS?
Yes, misdemeanor Theft charges show up on background checks in Texas and can be devastating for individuals across the state.
Additionally, misdemeanor Theft charges don’t just go away, even when they are dismissed. Misdemeanor Theft charges can only be cleared by an expungement.
- Can a misdemeanor Theft be expunged? Yes, misdemeanor Theft charges can be expunged if they were dismissed without probation, resolved by pretrial diversion, Deferred Disposition, or specialty court program (like a Mental Health Court).
- Do I have to disclose an expunged misdemeanor in Texas? No, you do not have to disclose any expunged offenses, including misdemeanors and felonies.
This is a huge advantage as Theft is considered an offense involving moral turpitude and is a disqualifier in many professions, including certain financial services.
WILL MY EXPUNGED RECORD SHOW UP ON A BACKGROUND CHECK IN TEXAS?
No, A properly expunged Theft record will not show up on a Texas background check. An improperly expunged Theft offense can appear on criminal background checks, including in the powerful Texas Department of Public Safety database. This is why it’s critical to retain experienced Texas expungement lawyers when trying to effectively expunge a Theft charge.
- Does criminal record clear after 7 years in Texas? No, this is a common but inaccurate Texas criminal law misconception. Criminal records do not ever automatically clear after 7 years or any number of years in Texas!
The only way to clear an eligible Theft charge in Texas is by pursuing an expungement.
BEST LAWYERS FOR EXPUNGEMENT IN TEXAS
Trey Porter Law is a top-rated Texas law firm with 40+ years of combined experience successfully expunging criminal charges across the Lone Star state. The award-winning Criminal Defense attorneys at Trey Porter Law understand that Theft charges and other criminal records negatively impact background checks, security clearances, and school admissions. Trey Porter Law leverages experience, professional relationships, and dynamic advocacy to get the best result for every client, every time.
