How Texas grades offenses
Texas Penal Code Chapter 12 sorts offenses into Class C, B, and A misdemeanors and state jail felonies through first-degree felonies and capital felonies. The class determines the punishment range, which court hears the case, and the collateral consequences that follow a conviction.
Class C misdemeanors are fine-only and heard in justice or municipal court. Class A and B misdemeanors carry possible county jail time. Felonies are heard in district court and carry state prison exposure.
The Texas criminal case process
A case typically moves from arrest and magistration, to bond, to the filing of an information (misdemeanor) or indictment by a grand jury (felony), then through pretrial settings, discovery under the Michael Morton Act, motions, and finally plea or trial.
Deadlines matter early. Administrative license suspension in a DWI case, for example, runs on its own clock separate from the criminal case.
Probation, deferred adjudication, and pretrial diversion
Chapter 42A of the Code of Criminal Procedure governs community supervision. Straight probation follows a conviction. Deferred adjudication defers a finding of guilt while conditions are completed — successful completion avoids a conviction but the arrest and case record still exist unless sealed.
Some counties offer pretrial diversion for first-time offenses, which can result in dismissal.
Clearing your record: expunction and nondisclosure
Expunction under Code of Criminal Procedure Chapter 55 destroys records and is generally available after a dismissal, acquittal, or certain no-bills, subject to waiting periods.
An order of nondisclosure under Government Code Chapter 411 seals records from most public view and is commonly used after successful deferred adjudication. Eligibility depends on the offense and the outcome.
Key Texas terms
- Magistration: The first appearance where a magistrate advises the accused of the charges and sets bond conditions.
- Nondisclosure: A court order sealing eligible criminal records from most public access.
- State jail felony: The lowest felony grade in Texas, punishable by 180 days to 2 years in a state jail facility.
Frequently asked questions
Is deferred adjudication a conviction in Texas?
Successfully completed deferred adjudication is not a final conviction, but the case record remains publicly visible unless you obtain an order of nondisclosure. Violating the conditions can lead to adjudication and the full punishment range.
How long does the State have to file charges in Texas?
It depends on the offense. The Code of Criminal Procedure sets different limitations periods by offense type, and some offenses — including certain violent and sexual offenses — have no limitations period.
Can a Texas DWI be dismissed or reduced?
Outcomes depend entirely on the evidence — the stop, the testing, and the procedures used. No lawyer can promise a result, but the legality of the stop and the reliability of breath or blood testing are frequently litigated issues.