Felonies, Misdemeanors, and Infractions in Texas

Criminal offenses in Texas are classified into felonies and misdemeanors. The classification depends on the crime severity, as more severe crimes are referred to as felonies. These offense classes also attract different penalties, which may vary from a few years to the maximum life imprisonment or death penalty.

Infractions are minor offenses and violations that do not warrant a prison term. In addition, infractions do not remain on your criminal record, unlike felonies and misdemeanors.

Note: Texas crimes are tried on the basis of these categories. In addition to categorizing records, Texas statutes of limitations establish how long prosecutors have to bring a case in the state.

What is a Felony in Texas?

Under the Texas Penal Code, a felony is a severe crime that carries harsh penalties like heavy fines and lengthy sentences. Persons convicted of felonies may receive maximum sentences like life imprisonment or the death penalty.

Nevertheless, not all felony convictions attract capital punishments. The crime degree and severity may determine the possible penalties. That being said, the state classifies felony crimes into different classes, ranging from capital felonies to state jail felonies.

Capital felonies are crimes that are punishable by death. However, when the state (prosecutor) does not want the death penalty, the felon is sentenced to life imprisonment without parole. Just like in other states, murder is a crime that warrants this kind of punishment and is regarded as a capital felony according to Texas Penal Code §12.31.

However, the age of an offender determines the sentence given, especially when the prosecutor does not seek the death penalty. If the offender is younger than 18, he or she is sentenced to life imprisonment. On the other hand, the punishment is life imprisonment without parole for adult offenders.

• First-degree felonies are crimes that are punishable by 5 to 99 years imprisonment with or without a fine up to $10,000. Examples of first-degree felonies include continuous sexual assault and theft of property valued at $200,000 or more. Per the Texas Penal Code §12.32, first-degree felonies carry sentences between 5 years and 99 years. Offenders may also pay fines up to $10,000 for first-degree felony convictions.
• Second-degree felonies are relatively less severe than first-degree felonies. Examples of such felonies include inflicting reckless injury on a minor or theft of property valued below $200,000. Second-degree felony convicts may spend between 2 and 20 years in jail or pay fines up to $10,000.
• Third-degree felonies. Crimes in this category are punishable by 2 to 10 years imprisonment and/or fine payments up to $10,000. Examples of third-degree felonies are possession of 5 to 50 pounds of marijuana and theft of property valued between $20,000 and $100,000.

State jail felonies. The last set in the group. These are crimes that the judge sees as felonies but cannot be categorized as either first-degree or second-degree felonies. Persons convicted of such crimes may spend between 180 days and 2 years in jail or pay fines up to $10,000.

Examples of state jail felonies include theft of property valued between $1,500 and $20,000 and credit card abuse (Texas Penal Code §12.35).

However, a state jail felony can attract a third-degree felony penalty if:

• The defendant has a felony conviction in the past; or
• The defendant used a deadly weapon during the crime.

Habitual felony offenders may receive harsher penalties. According to Section 12.42 of the Texas Penal Code, a third-degree felony offender with a prior felony conviction (not a state jail felony) may be sentenced to a second-degree felony. In addition, a second-degree felony offender with a record of any felony other than a state jail felony will face first-degree charges. A first-degree felony offender with a prior criminal record may face a prison sentence of at least 15 years but no more than 99 years, with or without the option of a $10,000 fine.

Even though the state’s penal statutes make provision for a range of punishments, the sentence might be for a specific jail term. This is because Texas operates a determinate sentencing system. Determinate sentencing occurs when the felon is sentenced to a fixed or definite prison term, with no option of review by the parole board. Several factors influence how much of the term the offender will serve. Examples of such factors include:

• The parole board's discretion
• The offender’s good behavior credits
• Parole eligibility laws.

What are some examples of felonies in Texas?

Per the Office of the Attorney General of Texas, the following crimes are classified as felonies:

• Murder
• Sexual assault
• Injury to a child, aged or disabled person
• Delivery or possession of marijuana
• Bestiality
• Theft of property
• Burglary
• Armed robbery
• Aggravated assault
• Theft of firearm
• Kidnapping
• Prostitution
• Indecency with a child
• DWI (Driving while influenced or impaired) with child passenger
• Using a minor for pornography content

Can I Get A Felony Removed From A Court Record In Texas?

In Texas, you can expunge a felony charge or conviction from your criminal records. Expungement allows you to have a new lease on life, as the process wipes criminal information from your public records.

According to the Texas Code of Criminal Procedure Section 55.01, defendants can apply for the expungement of a criminal record if:

• They were released, and the charge did not lead to a final conviction. This means that the charges against the person concerning the felony were finally dropped.
• They were finally exonerated based on the person’s innocence in the crime committed.
• They were pardoned after being convicted previously.
• They were arrested but not charged.

Apart from the expungement of criminal records, it is also possible to apply for the expungement of one’s arrest records and files in Texas. To be considered for expunction, the defendant who was arrested for a felony conviction needs to wait for 3 years, beginning from the day of the arrest.

Furthermore, expungement is not limited to living individuals. In certain cases, the relatives of a deceased person may petition for the expunction of that person’s criminal records. Section 55.011 of the Criminal Code Procedure makes provision for this application, provided the criminal’s records qualify for expunction. If the records qualify for expunction, the application may be filed in the county where the crime was committed.

Article 55.02 of the Texas Criminal Procedure provides the steps that an applicant needs to take for the expunction of a criminal record.

• The application for expunction should be initiated through the state's attorney, with the court that presided over the case's consent, no later than the 30th day of acquittal.
• The applicant or the counsel representing the applicant may supply necessary information on the case for which the expunction is being filed.
• The application must be verified.
• After verification, the attorney representing the state may forward a copy of the application to the district court of the county and copy other agencies.
• If the petition is approved, the court clerk will send a certified copy of the order to the Department of Public Safety’s Crime Records Services and all other concerned agencies.
• The Department of Public Safety will notify any central federal depository of the criminal records that need expunction. The instruction of the notification is for the depository to either destroy or return the records to the court.

An expungement petition may include the following details about the applicant:

• Full Name
• Sex
• Race
• Date Of Birth
• Driver’s license number
• Social security number
• Last address at the time of arrest
• The offense
• Date the offense was alleged to be committed;
• Date of arrested
• Name of the county or municipality where the arrest took place
• Case number of the offense.
• Name of the trial court.

Applicants are also required to include a contact list of all agencies that keep such records.

Is Expungement The Same As Sealing Court Records In Texas?

No, expungement is not the same as sealing or an order of non-disclosure. The former completely destroys the record, while an order of non-disclosure still allows specific entities to access the record.

A record is eligible for an order of nondisclosure if the defendant pleaded guilty to the offenses and had completed the required adjudication community supervision. A defendant may wait for five years post-conviction to be considered for an order of nondisclosure for a felony conviction. For juvenile offenders, the court will automatically seal the records if the offender fulfills the legal requirements.

However, not all crimes can be expunged from your public files. Examples of non-expungeable records include the following:

• Aggravated kidnapping
• Murder
• Injury to a child
• An offense requiring registration as a sex offender
• Family violence offense
• Continuous trafficking of persons
• Stalking

Note: An order of nondisclosure does not mean the records cease to exist; it only prohibits the criminal record from public view. Criminal justice agencies, licensing agencies, and government agencies still have access to view the records.

What are misdemeanors in Texas?

Misdemeanors carry less severe penalties than felonies. Persons convicted of misdemeanors may receive up to a one-year jail term or pay fines up to $4,000.

In Texas, misdemeanors are divided into three classes based on severity.

Class A Misdemeanors: These are considered the most serious of all misdemeanors. Class A misdemeanors carry up to one year imprisonment in a county jail or may require fine payments up to $4,000. Examples of such misdemeanors include stalking without bodily injury to the victim and theft of property valued between $500 and $1,500.

Class B Misdemeanors: Crimes in this category attract penalties like a maximum of 180 days in jail or fine payments up to $2,000. Examples of Class B misdemeanors are DWI (driving while intoxicated) and possession of marijuana that weighs between 2 and 4 ounces.

Class C Misdemeanors: These are the least severe misdemeanor crimes. Crimes in this category do not incur a jail term, but offenders may pay fines up to $500.

According to the Texas Penal Code, a judge may impose Class C penalties on crimes that do not belong to any misdemeanor class.

What are some examples of misdemeanors in Texas?

In Texas, misdemeanor crimes may include the following:

• Driving while intoxicated (DWI)
• Family violence assault
• Public intoxication
• Traffic ticketing
• Possession of marijuana in a small quantity
• Petty theft of property
• Disorderly conduct
• Assault without bodily harm
• Burglary of vehicles

Can I get a misdemeanor removed from a record in Texas?

Misdemeanors can be removed from an offender’s records in Texas. Per the Texas Criminal Code Procedure, some criminal records can qualify for removal or expungement. For a crime to be considered for expunction, the applicant is typically required to meet the following conditions.

• The person must have been charged and exonerated.
• The person must have been wrongly convicted in the past.
• The person was arrested but not charged.
• The person must have been pardoned after being convicted.
• The person was formally charged, but the case was later dismissed based on the innocence of the defendant.

Defendants are typically required to wait for specific timeframes before they can expunge misdemeanor records. For instance, you may wait 180 days post arrest to expunge Class C misdemeanors. However, you can expunge Class A and B misdemeanors by waiting for one year after the arrest date.

Can a DUI be expunged in Texas?

Under the Texas Penal Code, DUI offenders may expunge the records from public domains. DUIs are under the Class B misdemeanor category. Thus, offenders are required to wait for one year after the arrest date to expunge arrest records. After the waiting period has elapsed, the applicant can file for the expunction of the record.

What is an infraction in Texas?

Infractions are the least severe crimes in the state of Texas. Most infractions are traffic violations and constitute a public nuisance through noise or littering. As such, they attract no severe punishments. Nevertheless, infractions are crimes that are punishable by a fine or court-imposed diversion program. Note that there are no specific penalties for infractions under the state penal code.

Persons arrested for infractions may not be arrested or arraigned before a court. Law enforcement agencies inform offenders of their violations and book them for the appropriate fine. In Houston, Texas, for instance, there are different fines earmarked for various traffic violations.

• For overspeeding, the fines are location-specific and depend on how much the speed exceeds the stipulated speed limit for the area. If it is a posted zone, the fine ranges from $170 to $300; for a school zone, it ranges from $220 to $325 and $235 to $500 for a construction zone.
• The fine ranges from $150 to $225 for not using the seat belt.

What are some examples of infractions in Texas?

Some examples of infractions in the state of Texas are:

• Public nuisance
• Jaywalking
• Traffic violations.
• Disobeying railroad crossing sign
• Being drunk in public
• Failure to stop for a school bus
• Wrongful parking
• Operating a business with no proper license
• Littering
• Not wearing a seat belt
• Fishing and Boating violations

Can Infractions Be Expunged From A Texas Criminal Court Record?

Infractions are not included in criminal records since they are not classified as real crimes in Texas. Law enforcement agents only book offenders so they may change, and as such, there is no need for offenders to file for expunction. However, infractions may result in serious crimes under certain circumstances in the state of Texas. When this happens, the state has general provisions for expunction of such crimes.

What is Deferred Adjudication in Texas?

Under Code of Criminal Procedure 42.12, Sec. 5, a defendant may plead guilty to a criminal charge so as to receive a deferred adjudication. The adjudication allows them to complete a court-mandated program or condition in lieu of a prison sentence. In addition, deferred adjudication erases the criminal charge from their public records.

However, not all defendants can receive deferred adjudication. The court judge determines eligibility by reviewing the crime severity and circumstances around the incident. Some crimes are also exempt from deferred adjudication. Case in point: the court does not offer deferred adjudication for manslaughter as a result of intoxication.

Types of Crimes Eligible for Deferred Adjudication in Texas

Persons charged with a misdemeanor, except DUI crimes, are eligible for deferred adjudication in Texas. The state also approves felony cases for deferred adjudication, unless it is a charge for these crimes:

• DUI-related felonies.
• Manslaughter as a result of intoxication.
• Assault as a result of intoxication.
• Subsequent conviction for sex- or drug-related crimes.