A misdemeanor conviction can have lasting effects, impacting your ability to get jobs, housing, or professional licenses. In Texas, criminal records are generally public, so even minor offenses can appear on background checks.
Options like expunction or an order of nondisclosure may help remove a misdemeanor from your record. The process usually takes three to six months, depending on court schedules and case complexity. Working with a car accident lawyer Houston ensures paperwork and hearings are handled correctly for the best chance of success.
What is a Misdemeanor?
In the context of Texas law, a misdemeanor is a criminal offense that is less serious than a felony but still carries penalties such as fines, jail time, or both. Under Texas Penal Code §12.21–§12.23, misdemeanors are classified into three categories:
- Class A Misdemeanors: These are the most severe misdemeanors, punishable by up to 1 year in county jail and/or fines up to $4,000, as outlined in Texas Penal Code §12.21.
- Class B Misdemeanors: These are less severe and are punishable by up to 180 days in jail and/or fines up to $2,000, pursuant to Texas Penal Code §12.22.
- Class C Misdemeanors: The least severe category, usually punishable by fines of up to $500, with no jail time involved, as provided under Texas Penal Code §12.23.
While misdemeanors may seem less severe than felonies, they still remain on your criminal record, which can affect your personal and professional life.
Impact of a Misdemeanor on Your Record
Once a misdemeanor conviction is on your record, it can have lasting consequences:
- Employment: Many employers conduct criminal background checks, and a misdemeanor conviction may impact your ability to get hired, especially for jobs that require a clean record.
- Housing: Landlords often perform background checks before renting out a property, and a misdemeanor may make it harder to secure a rental agreement.
- Professional Licenses: Certain jobs, like those in healthcare or law, require a clean criminal record. A misdemeanor could prevent you from obtaining or renewing a professional license.
- Immigration: A misdemeanor on your record could affect your immigration status, potentially complicating visa applications or naturalization processes.
Because of these potential effects, many people who have been convicted of misdemeanors want to know how long the conviction will remain on their record and whether there are ways to clear it.
Can You Remove a Misdemeanor from Your Record?
While a misdemeanor conviction typically stays on your record forever, there are two legal options for clearing or sealing a misdemeanor conviction in Texas:
- Expungement
- Non-Disclosure (Sealing the Record)
Expungement
Expungement is the legal process of completely removing a conviction from your record. Once a conviction is expunged, it’s as if the offense never happened. The conviction is wiped out entirely, and it will not show up on background checks. However, expungement is only available in specific situations, including:
- Case Dismissal: If the charges against you were dismissed before a conviction was entered.
- Acquittal: If you were found not guilty of the charges.
- No Charges Filed: If you were arrested, but no charges were filed.
- Pardon: If the governor or another appropriate authority granted you a pardon.
If you were convicted of a misdemeanor, expungement is generally not available. Expungement is most commonly available when the case was dismissed or the individual was found innocent.
Non-Disclosure (Sealing Your Record)
If you are not eligible for expungement, you may still be able to have your misdemeanor sealed through a process called non-disclosure. A non-disclosure order does not erase the conviction from your record, but it makes the record inaccessible to most employers, landlords, and the public. Essentially, it “seals” your criminal record from view. To be eligible for a non-disclosure order in Texas, the following conditions must typically apply:
- You were convicted of a Class A or Class B misdemeanor (Class C misdemeanors are not eligible).
- You completed probation or community supervision successfully.
- You do not have any subsequent criminal convictions.
- A waiting period after the completion of your sentence is required:
- 2 years after completion of probation for Class A and Class B misdemeanors.
Once the court grants the non-disclosure, your record will no longer be visible to most background check entities, but law enforcement and certain agencies may still be able to access it.
The Process of Expungement or Non-Disclosure
If you are eligible for expungement or non-disclosure, here’s what the process generally looks like:
- Consult an Attorney: It’s always wise to seek legal advice first. A Houston personal injury attorney can determine if you qualify for expungement or non-disclosure and guide you through the process.
- Complete the Petition: You or your attorney will file a petition with the court requesting expungement or non-disclosure, including details about convictions, probation, or other relevant information.
- Court Hearing: The court reviews the petition and sometimes schedules a hearing. The judge decides whether to grant the expungement or non-disclosure based on the case details.
- Pay the Filing Fees: Court fees are typically required to file for expungement or non-disclosure, and they can vary by case and location.
- Wait for the Court’s Decision: Once the petition is filed and fees are paid, the court will make a decision. The timeline can take several months, depending on the court schedule and case complexity.
What If You Don’t Take Action?
If no legal action is taken, the conviction remains on the record indefinitely. This can create barriers to employment, housing, or other background checks.
Even if the conviction doesn’t automatically prevent opportunities, it may complicate applications or create extra scrutiny. Understanding the impact of a record is important whether you are trying to clear your own history or assessing how someone else’s record affects you.
Clearing a Misdemeanor Record
A misdemeanor stays on a criminal record unless steps are taken to remove or seal it. Expungement completely removes the conviction, while non-disclosure seals it from most background checks.
Taking action can help reduce personal or professional barriers. Consulting The Law Office of Michael Bates ensures you understand your options and can navigate the process effectively, whether you are seeking to clear your own record or need guidance on the legal implications of someone else’s history.