What are my options after a class C theft in Texas? 1 Answers as of July 13, 2011I recently received a Class C misdimeanor charge for theft and I was curious as to what my options were for either going to the judge and maybe asking for expungement since I am under 21 years of age or what the consequences generally are for this type of charge in Texas? How likely is it that I can have this taken off my record. This is my first offense of this nature. I believe I have one minor speeding ticket I received when I was 16.
Cynthia Henley, Lawyer | Cynthia Henley
It would be best if you had a lawyer. But if you cannot afford one or want to at least try to handle the situation without a lawyer, go to the court on your date and talk with either the prosecutor or the judge when you are called. Ask for a deferred prosecution (sometimes called deferred adjudication). This is like a probation in which the case is reset for a period of time (generally 3 to 6 months) and you are required to do some tasks such as community service and an anti theft class as well as a letter of apology. When the time period passes if you have completed your tasks when you return to court the case is dismissed. You must then wait 2 years and you can file for an expunction - a civil lawsuit in district court to clean your record. You WILL need a lawyer to do this. When you go to court, if they will not agree to give you the deferred, then ask for a reset and go hire a lawyer. You do not want to simply pay a fine and / or court costs - you need a dismissal or it will remain on your record indefinitely.
Answer Applies to: Texas