Texas Misdemeanors

A misdemeanor is a criminal offense that ranks below a felony and above a non-criminal infraction. Texas classifies misdemeanors into Class A, Class B, or Class C, each with a statutory maximum jail term and fine.

What Is a Misdemeanor in Texas?

According to Texas law, the difference between misdemeanors and felonies is the maximum punishment allowed by law. Misdemeanors under Texas law include assault that causes bodily injury (if in some circumstances), thefts involving lower amounts, possession of marijuana (where only a small amount is involved, and only if charged) and public intoxication (usually a Class C misdemeanor). DWI (driving while intoxicated) is a Class B misdemeanor upon the first conviction, unless enhanced. Felony offenses, in contrast, involve incarceration in state prison for longer periods of time and fines of higher amounts.

Misdemeanor Classes and Penalties in Texas

Under the Texas Penal Code’s punishment guidelines, misdemeanors are classified by severity:

• Class A misdemeanor: It carries up to 1 year in county jail and/or up to $4,000.
• Class B misdemeanor: This is punishable by up to 180 days in county jail and/or up to $2,000.
• Class C misdemeanor: Offenders are required to pay a fine of up to $500, although a Class C misdemeanor does not attract a jail term.

Repeat-offender provisions may increase penalties on minimum sentencing requirements for Class A or B misdemeanors. Courts may impose additional conditions such as probation (community supervision), restitution, treatment programs, no-contact orders, and community service as authorized.

DWI example (first offense). Under Texas Penal Code § 49.04, a first-time DWI is a Class B misdemeanor, which carries a mandatory minimum of 72-hour in jail. Nonetheless, if a driver has alcohol in their vehicle, the law increases the minimum jail time to six days. A blood alcohol concentration level of 0.15 and above elevates the offense to a Class A misdemeanor. Certain aggravating factors, such as having a child passenger, may escalate the offense to a state jail felony.

Misdemeanor Court Process in Texas

Municipal and Justice Courts handle Class C (fine-only) cases (traffic and many city ordinance violations). The majority of these courts are not courts of record.

County Courts and County Courts at Law have original jurisdiction over Class A and B misdemeanors and hear appeals de novo from non-record municipal/justice courts.

District Courts handle felony trials and certain appeals. They also appear on county criminal record portals alongside county courts.

From stop to sentencing—typical path.

1. Citation or arrest: The process begins with a citation or arrest, followed by filing a complaint in the appropriate County Court (Class C misdemeanors are adjudicated in Municipal Courts and Justice of the Peace Courts). Class A and B misdemeanors are handled in County Courts.
2. First appearance/arraignment: The defendant is informed of rights and plea options. Indigent defendants serving jail time for Class A or B misdemeanors have a right to appointed legal counsel as outlined in the Texas Indigent Defence Commission.
3. Pre-trial: This phase involves discovery, motions, and plea negotiations. In certain jurisdictions, diversion programs or specialty dockets may be available.
4. Trial: Criminal cases may proceed to jury trials, and Class C misdemeanors are often handled in the Municipal/Justice of the Peace Court. On the other hand, Class A and B misdemeanors are tried in the County Court.
5. Sentencing: A convict may face county jail time, a fine,probation, restitution, and enrollment in a treatment program. In DWI cases, ignition interlock device requirements and license revocation may be imposed by statute.

Most misdemeanor jail sentences, if imposed, are served in the county jail rather than state prison.

Misdemeanor Records in Major Texas Cities

Texas does not maintain a centralized statewide trial court portal. Records are rather preserved by County or District Court Clerks and by Municipal Courts Clerks for Class C misdemeanors. The Texas State Law Library offers a practical guide to accessing court records. It also includes links to online databases for many of its larger counties.

• Houston (Harris County). • County Criminal Courts at Law (Class A/B misdemeanors): Case information and court records are available on the Harris County Courts portal.
• The Harris County District Clerk offers a public criminal records inquiry tool for access to felony, docket, and misdemeanor records. Alternatively, the County Sheriff provides access to jail record searches via a database.
• Dallas (Dallas County). • The county’s Online Record Search provides access to felony and misdemeanor court records. The District Court Clerk website provides links and contact information from the County Court Clerk. The public may also access misdemeanor records maintained by the County Clerk by visiting the courthouse in person.
• San Antonio (Bexar County). • Bexar County offers a unified criminal court records search and a Central Magistrate arrest lookup tool. • The San Antonio Municipal Court allows users to reviewand pay Class C citations online (or appear virtually during periodic resolution events).

What you may find online: This includes the names of parties, case number, charges with statute cited, Register of Actions (events), dispositions, sentence terms, and outstanding balances. Certified copies are available from the Clerk of the Court where the case was heard.

How to Search for Misdemeanor Records in Texas

Individuals may follow these steps to find misdemeanor records in Texas:

1. Identify the court type. • Class C misdemeanors are adjudicated in the Municipal or Justice Courts.Many of these courts offer online portals for paying citations (many have pay/search portals). • For Class A/B misdemeanor records, the public may search the county’s County Clerk’s Criminal Records portal. Certain counties host a single portal for District and County Courts records.
2. Use county portals. • Harris County: The District Court Clerk's criminal search portal and the County Criminal Courts at Law portal are available to the public for finding misdemeanor records. • Dallas County: The public may search records online via the record search tool or visit the County Clerk's criminal division. • Bexar County: This County maintains a single online portal where the public may find both court and arrest records in the county.
3. Ticket lookups. • San Antonio Municipal Court payment portal handles many traffic and Class C misdemeanors. The Texas Department of Public Safety also offers a Highway Patrol citation lookup tool with court contact information.
4. You may contact the County Court Clerk (for misdemeanor case records) or the District Court Clerk (for felony records). Municipal court records are availablefor Class C misdemeanors. Certain counties allow the public to purchase certifiedelectronic records online.

How Long Does a Misdemeanor Stay on Your Record in Texas?

In Texas, unless you obtain court-ordered relief, a misdemeanor stays on your record indefinitely. Texas provides two main remedies to seal records if you qualify:

Expunction (Complete Erasure or Return of Records)

Expunction applies to arrests that did not result in conviction, acquittals, pardons, and certain narrowly defined situations. As of January 1, 2025, the expunction statute was recodified by the legislature into Code of Criminal Procedure Chapter 55A (formerly Chapter 55). Eligibility depends on outcomes of the case, waiting periods, and statutes of limitations. When a record of expunction is granted all the law enforcement agencies must destroy or return the records. Public access to these records is also limited.

Order of Nondisclosure (Sealing)

An order of nondisclosure seals criminal history records from public view while allowing access for law enforcement and certain licensing bodies. Texas Government Code Chapter 411, Subchapter E-1 governs several routes to swing records:

• After conviction for certain misdemeanors (no deferred adjudication), Section 411.073 allows a petition once a sentence is complete and financial obligations are paid. The waiting period often ranges from immediate to 2–3 years, depending on the offense and whether an ignition interlockdevice was imposed. Although certain offenses are ineligible.
• After deferred adjudication: There is a non-disclosure option (Section411.074) after a successful discharge. The waiting period varies by offense type, and certain crimes are disqualified. Courts have the statutory responsibility to seal court records and notify the DPS, which then alerts other relevant agencies.

An expunction aims to treat the arrest as if it never occurred, and a nondisclosure seals records from public view. The State Law Library maintains an updated public guide with links to forms and county portals.