Key Takeaways
- A Class C misdemeanor is a fine-only offense, but it is still a criminal record.
- Dismissed and acquitted Class C cases can be expunged.
- A completed deferred disposition can be expunged, which is not true of deferred adjudication for more serious offenses.
- Paying the fine is a conviction, and a conviction generally cannot be expunged.
- If no charge was ever filed, the waiting period is 180 days from the arrest.
Class C misdemeanors feel minor because they end with a fine instead of jail. On a background check they do not look minor. A Class C theft or public intoxication charge shows up next to everything else, and a theft charge of any size raises questions about honesty. The good news is that Class C cases are among the easiest to clear, if they ended the right way.
What Is a Class C Misdemeanor in Texas?
In short: A Class C misdemeanor is the lowest level of criminal offense in Texas, punishable by a fine of up to $500 and no jail time. These cases are handled in justice of the peace and municipal courts. Common examples are public intoxication, disorderly conduct, low-value theft, and minor in possession of alcohol.
Because the punishment is only a fine, many people resolve a Class C charge by paying it and moving on. That choice has consequences, covered below.
Which Class C Outcomes Can Be Expunged?
In short: Three outcomes qualify: the charge was dismissed, you were acquitted, or you completed a deferred disposition and the case was dismissed. An arrest or citation that never led to a filed charge also qualifies after 180 days. A conviction, including one entered because you paid the fine, generally does not qualify.
| How the case ended | Expunction available? |
|---|---|
| Dismissed | Yes |
| Acquitted at trial | Yes |
| Deferred disposition completed, then dismissed | Yes |
| No charge ever filed | Yes, 180 days after the arrest |
| Convicted, including by paying the fine | Generally no |
What Is Deferred Disposition?
In short: Deferred disposition is the fine-only version of probation, used in justice and municipal courts. The judge postpones the case for a set period with conditions. If you meet them, the charge is dismissed, and Texas law allows that dismissed Class C case to be expunged.
This is the one situation where completing a deferral leads to expunction. For Class A and B misdemeanors and felonies, the similar-sounding deferred adjudication can only be sealed, not expunged. See can deferred adjudication be expunged?
If you were offered deferred disposition and completed it, check that the court actually entered the dismissal. An expunction petition depends on that paperwork.
What If You Just Paid the Fine?
In short: Paying the fine on a Class C charge is a plea of guilty or no contest, and it results in a conviction. Convictions generally cannot be expunged in Texas. There are narrow exceptions for certain offenses committed as a minor, and some fine-only convictions can be sealed with an order of nondisclosure.
This surprises people more than anything else about Class C offenses. Mailing in a payment felt like closing the matter, but legally it was a conviction.
- Alcohol offenses by minors. The Alcoholic Beverage Code (§ 106.12) allows a person with a single conviction for certain underage alcohol offenses to apply for expunction after turning 21.
- Other offenses committed as a child. Texas law also provides for expunction of certain fine-only convictions from childhood in limited circumstances.
- Nondisclosure. Some fine-only misdemeanor convictions can be sealed under Government Code § 411.0735. See the nondisclosure page.
How Do You Expunge a Class C Misdemeanor?
In short: By filing a petition for expunction under Code of Criminal Procedure Chapter 55A in the county where the arrest happened. The petition must name every agency that holds a record of the case. For fine-only offenses, Texas law also allows the petition to be filed in a justice court or a municipal court of record, not only in district court.
The steps are the same as for any expunction: confirm eligibility, gather the court records, draft the petition and proposed order, file, and wait for the judge's order. Then each agency destroys or returns its records. For timing, see how long an expunction takes in Texas.
Not sure where your case falls? The eligibility check is free and takes about 10 minutes, or call (469) 437-5674.
Frequently Asked Questions
Usually not. Paying the fine on a Class C charge results in a conviction, and convictions generally cannot be expunged in Texas. Depending on the offense and your record, an order of nondisclosure may be possible.
No. Deferred disposition applies to fine-only Class C offenses in justice and municipal courts, and a completed one can be expunged. Deferred adjudication applies to more serious offenses and can only be sealed with an order of nondisclosure.
If the case was dismissed after deferred disposition or you were acquitted, you can generally file once the case is closed. If no charge was ever filed, the waiting period is 180 days from the date of arrest.
Yes. Class C arrests and charges are criminal records and appear on background checks until they are expunged or sealed.