In Texas, if you’ve had a Class C misdemeanor case dismissed, you may be eligible to have it expunged, but there are waiting periods involved before you can file for expunction.
The waiting period for a dismissed Class C misdemeanor is generally 180 days from the date of the arrest.
Important Considerations:
- If charges were filed: You’ll likely need to wait until the statute of limitations for the offense has expired. This is because the prosecutor has the option to keep records on file if the statute of limitations hasn’t run out. The statute of limitations for misdemeanors in Texas is generally two years, with exceptions for certain offenses like misdemeanor assault involving family violence, which has a three-year statute of limitations.
- Deferred Disposition: If your case was dismissed after successfully completing a deferred disposition program, you become eligible for expungement later.
- No automatic expungement: In Texas, expungement of Class C misdemeanors is not automatic even after dismissal. You must take specific legal action and file a Petition for Expunction to initiate the process.
Keep in mind that the time it takes to get the expungement order can vary depending on factors such as:
- The complexity of your case.
- The specific charges involved.
- The court’s schedule.
- Administrative processing times.
For further assistance, it’s recommended to consult with a Texas expungement attorney. They can help you determine your eligibility and guide you through the expungement process based on your specific circumstances.
