What is a Second Degree Felony in Texas?

Under Texas law, a second-degree felony is a serious crime that is less severe than a first-degree felony but is more consequential than a third-degree felony or a misdemeanor. Section 12.33 of the Texas Penal Code outlines the penalties for committing second-degree felonies. Individuals convicted of second-degree felonies, such as manslaughter, aggravated assault, sexual assault, and possession of certain controlled substances, typically face prison sentences ranging from two to twenty years and fines up to $10,000.

Individuals facing second-degree felony charges should understand that these types of crimes, although less severe than first-degree felonies, may still have significant consequences, including lengthy prison sentences and substantial fines.

Which Crimes Are Considered Second Degree Felonies in Texas?

Offenses typically charged as second-degree felonies in Texas include:

• Aggravated assault
• Sexual assault
• Online solicitation of a minor
• Manslaughter
• Intoxicated manslaughter
• Robbery
• Possession of certain controlled substances in large quantities
• Burglary of a building
• Arson with substantial damage but without actual loss of life

What is Second Degree Murder and How is it Classified in Texas?

Texas does not officially use the phrase "second-degree murder" for categorizing murder crimes (Tex. Penal Code § 19.02). The state law classifies homicide crimes into capital murder, murder, and manslaughter, with manslaughter considered a second-degree felony.

In Texas, second-degree murder (manslaughter) involves intentionally killing another person without prior planning but acting with intent and recklessness. A person may be charged with second-degree murder if they act in a way that shows a disregard for human life, regardless of whether they planned or intended to kill.

Second-degree murder (manslaughter) differs from first-degree murder in the premeditation and afterthought elements. A second-degree murder does not involve prior planning (premeditation). In contrast, an offender accused of a first-degree murder planned the illegal act (or thought about it) and acted with the intent to kill.

Types of Manslaughter

Texas law characterizes manslaughter as causing someone's death through recklessness but with no premeditation. Two main types of manslaughter cases in Texas are:

• Involuntary manslaughter: This happens when an individual unintentionally kills another person without malice or intent to cause them serious harm. Instances where this may occur include provoked rage, desperation, or fear. Involuntary manslaughter may also happen if someone driving under the influence of drugs or alcohol kills another person in a fatal car crash.
• Voluntary manslaughter: This takes place when someone unintentionally kills another person through intentional, non-premeditated harm. Someone facing murder charges may be able to have such charges reduced to voluntary manslaughter if they provide sufficient evidence of provocation.

Texas Second Degree Felonies Penalties and Punishments

Under Texas Penal Code Section 12.33, individuals convicted of second-degree felony may face:

• A prison sentence of at least two years and up to twenty years in Texas Department of Criminal Justice facilities.
• A fine of up to $10,000, or a combination of imprisonment and a fine.

Repeat and Habitual Offender Status

Repeat Offender: An individual previously convicted of a felony crime and sentenced to prison may have their second-degree felony enhanced to a first-degree felony (with a minimum of five years and a maximum of 99 years or life).

Habitual Offender: Individuals convicted of two prior felony convictions (served in prison at different times) typically face a minimum sentence of 25 years to life imprisonment, regardless of whether the new conviction is for a third, second, or first-degree offense.

Hate Crime Enhancement

Under Texas Penal Code § 12.47, an individual charged with a second-degree felony may have such charges upgraded to a first-degree felony if they committed the offense due to bias or prejudice. Hate crimes include offenses committed because of someone’s race, gender, age, sexual orientation, ethnicity, or religion.

Are Second Degree Felony Records Public in Texas?

Under the Texas Public Information Act, criminal records, including those for second-degree felonies, are considered public records unless otherwise specified by law or court order. As a result, interested parties may view and obtain copies of public felony case information, such as case files, court records, docket sheets, trial dates, and more.

Records that may be restricted from public access include juvenile case information, expunged records, orders of non-disclosure, and sensitive personal details like Social Security numbers, victim addresses, or medical information.

Some US states, such as Michigan, Pennsylvania, and Utah, automatically seal certain old convictions after a specified period without requiring a petition. In contrast, Texas does not automatically seal adult convictions; eligible applicants must petition the court.

Similar to Texas, most US states exclude violent felonies, sex crimes, and serious offenses from sealing or expunction. In contrast, some states allow limited sealing of certain low-level felonies. For example, the New York Clean Slate law permits sealing after 10 years, even for some felonies, but excludes sex and violent crimes.

How to Access Second Degree Felony Court Records in Texas

Interested parties may access publicly available second-degree felony records using the following resources:

• Texas Judicial Branch Website: Requesters may use the Texas Judicial Branch's online platforms to access case information. They may use the statewide search portal (re:SearchTX) to find case details across many (but not necessarily all) counties and courts. Users may search by party name, case number, or attorney information.
• County District Clerk’s Office: District courts generally handle second-degree felony cases. Therefore, requesters can visit the District Clerk's Office to access public case files, dockets, and records. Such record requests may be made in person (at the courthouse), by mail (using the appropriate request forms), or online if the county offers an electronic records portal.
• Texas Department of Public Safety (DPS): Using the Texas Department of Public Safety's Criminal History Name Search, interested parties may obtain criminal records, including felony convictions, for a fee. This service helps verify if someone has a felony conviction in the state.
• Public Record Databases: Individuals seeking records of second-degree felonies may also obtain them through some third-party vendors that aggregate public records from Texas courts. Such websites are a convenient option for accessing criminal records. However, information on these third-party sites may not always be as current or accurate as official county or state records. It is generally recommended that information obtained from these sites be verified with the relevant district clerk's office.
• In-Person Court Visits: Typically, individuals seeking information are required to visit the local courthouse where a felony case was heard to obtain complete case files, transcripts, or detailed records. This typically occurs when requested documents are not in digital format or when sealed/confidential records require special access permissions.

Although Texas felony records are generally considered public, they may contain sensitive information about victims, witnesses, or ongoing legal matters. As a result, these records must not be used for harassment, discrimination, or any other unlawful purpose.

Can Second Degree Felony Charges be Reduced or Dismissed?

Depending on the details of the case and the available evidence, individuals charged with second-degree felonies may employ various strategies to reduce or dismiss the charges against them. These include:

Finding errors in the prosecution's case may involve uncovering insufficient evidence, procedural issues, or abuses of the defendant's rights during their arrest or the collection of evidence.
Bargaining with the prosecutor: This is usually done by the defendant's attorney. The process may lead to charges being dropped, especially when the defendant has an opportunity to prove their innocence or other grounds for dismissal.

Other options for getting the charges dismissed include participating in a pre-trial diversion program or agreeing to a plea agreement.

For a favorable outcome, individuals seeking the removal or dismissal of their felony charges are advised to employ the services of an experienced felony charge attorney in Texas.

Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in Texas?

There are two ways to clear a criminal record in Texas: expungement (referred to as expunction in the state) and orders of nondisclosure. However, these criminal record-clearing options do not apply to second-degree felonies. In Texas, an expungement (also known as an expunction) completely removes a criminal record, as if the information had never existed. In contrast, a nondisclosure (order of nondisclosure) does not delete the criminal records but limits who may access them.

Expunction

• Individuals are entitled to expunction under Texas law if they:
  • Received deferred adjudication for a Class C misdemeanor.
  • They were arrested but not formally charged.
  • They were acquitted or found guilty and later pardoned.
  • They were initially judged guilty, but later exonerated.

Based on the eligibility requirements above, individuals convicted of a second-degree felony or murder charges cannot expunge their criminal records in Texas.

Individuals who qualify for expunction typically undergo a waiting period, depending on the nature of the offense or charge. For offenses that do not result in charges, the minimum waiting periods before seeking expunction are as follows:

• Class C misdemeanors - 180 days
• Class A and B misdemeanors - 1 year
• Felonies - 3 years

Nondisclosure

Since September 15, 2015, Texas has permitted the automatic issuance of nondisclosure orders for certain offenses without requiring petitioners to file a petition.

Second-degree felonies do not qualify for nondisclosure orders. Automatic nondisclosures are generally available for minor misdemeanors where the defendant was given and completed deferred adjudication. Serious violent crimes, including sexual offenses, aggravated assault, and murder, are ineligible for nondisclosure orders.

Eligibility for automatic nondisclosure generally depends on factors such as the offender's status (e.g., being a first-time offender), completion of deferred adjudication, and the waiting period.

Note: Due to the complexity of the expunction and nondisclosure order processes, interested parties are advised to hire an experienced attorney.

How Long Do Second-Degree Felony Records Stay Public in Texas?

In Texas, a second-degree felony record will stay public (on an offender's criminal history information) forever unless a court orders it sealed or expunged. As a result, the records of people convicted of serious crimes like aggravated assault, robbery, or manslaughter will usually remain visible permanently.

Under Texas law, felony convictions remain in the public domain unless removed through expunction or nondisclosure. In comparison, some US states automatically seal or limit access to certain records, following a waiting period (e.g., seven to ten years without new offenses). Likewise, some states restrict public access to criminal records, allowing access only to conviction records, excluding arrests and dismissed charges.