A Class A misdemeanor in Texas is a serious criminal charge. While not as severe as a felony, a conviction can lead to jail time, fines, and affect employment, housing, and future opportunities. This overview explains how Class A misdemeanors are handled in Texas, covering potential penalties and long-term outcomes.
Classification and Legal Framework
Texas law categorizes criminal offenses by severity. Misdemeanors are less severe than felonies but more serious than minor infractions, with Class A being the most serious type of misdemeanor.
The Texas Penal Code outlines this classification system, placing Class A misdemeanors below state jail felonies and above Class B and Class C misdemeanors. This structure helps define the seriousness and potential penalties for different crimes.
Potential Criminal Penalties
A Class A misdemeanor conviction in Texas can result in a jail sentence of up to one year, as defined by the Texas Penal Code.1Texas Public Law. Texas Penal Code Section 12.21 – Class A Misdemeanor
A fine of up to $4,000 may also be imposed. Courts can order jail time, a fine, or both, depending on the case’s details and the defendant’s situation.
Collateral Consequences
A Class A misdemeanor conviction in Texas can lead to other lasting repercussions beyond court sentences, known as collateral consequences.
Professional licensing can be affected, as many occupations require state-issued licenses. Licensing authorities may deny, suspend, or revoke a license if a Class A misdemeanor directly relates to the job’s duties or shows an inability to perform the occupation with integrity.2Texas Legislature Online. Occupations Code Chapter 53. Consequences of Criminal Conviction The specific impact depends on the offense and the licensing board’s rules.
Firearm possession rights can also be impacted. Federal law prohibits individuals convicted of a misdemeanor crime of domestic violence from possessing firearms.3Legal Information Institute. 18 U.S. Code § 922 – Unlawful Acts A Texas Class A misdemeanor for domestic violence results in a lifetime ban on firearm possession under this federal law.
Securing housing may become more difficult. Landlords and public housing authorities often conduct background checks. While a misdemeanor conviction might not automatically disqualify an applicant, it can be a factor, particularly for offenses involving violence, property damage, or drugs. Public housing authorities may deny admission based on certain criminal histories.4U.S. Department of Housing and Urban Development. Guidance for PHAs and Owners on Excluding Use of Arrest Records in Housing Decisions (PIH-2015-19)
Employment prospects can be narrowed. Many employers conduct background checks, and a conviction can be a barrier to hiring, as these records are publicly accessible.
Non-U.S. citizens convicted of a Class A misdemeanor may face serious immigration consequences. Under federal immigration law, certain convictions, such as those considered crimes involving moral turpitude or specific drug offenses, can lead to deportation, denial of U.S. entry, or ineligibility for immigration benefits.5U.S. Citizenship and Immigration Services. USCIS Policy Manual: Conditional Bars for Acts in Statutory Period
Examples of Class A Offenses
Various actions can lead to a Class A misdemeanor charge in Texas.
Common examples include:
- Assault causing bodily injury: This occurs if someone intentionally, knowingly, or recklessly causes physical pain, illness, or any impairment of physical condition to another.6Texas Public Law. Texas Penal Code Section 22.01 – Assault
- Theft: Stealing property or services valued at $750 or more but less than $2,500 is a Class A misdemeanor.7Texas Public Law. Texas Penal Code Section 31.03 – Theft
- Burglary of a vehicle: This involves breaking into or entering a vehicle without consent with the intent to commit a felony or theft.
- Second DWI offense: A second conviction for driving while intoxicated is elevated to a Class A misdemeanor.
- Violations of protective orders: Certain violations can also be prosecuted as Class A misdemeanors.
Probation and Deferred Adjudication
Individuals facing Class A misdemeanor charges in Texas might have options like community supervision (probation) or deferred adjudication, allowing them to remain in the community under specific conditions.
With community supervision after a conviction, the jail sentence is suspended.8Texas Legislature Online. Code of Criminal Procedure Chapter 42A. Community Supervision The defendant is supervised by the court for up to two years and must follow conditions like:
- Regular reporting to a supervision officer
- Paying fines
- Completing community service
- Avoiding further offenses
- Potentially undergoing substance abuse counseling or maintaining employment.
Failure to comply can lead to revocation and imposition of the original jail sentence.
Deferred adjudication can help avoid a final conviction. If a defendant pleads guilty or no contest, a judge may place them on deferred adjudication community supervision for up to two years without a formal finding of guilt. This involves conditions similar to probation. Successful completion leads to dismissal of charges. However, violating conditions can result in an adjudication of guilt and the full range of punishment.
Record Sealing or Expungement
Individuals with a Class A misdemeanor record in Texas can explore options like record sealing (an order of nondisclosure) or expunction to lessen long-term impacts.
An order of nondisclosure restricts public access to criminal records.9Texas Judicial Branch. Overview of Orders of Nondisclosure (2024) Law enforcement and certain state agencies can still access them, but the individual can often legally deny the arrest and prosecution for most private employment or housing purposes. Eligibility frequently requires successful completion of deferred adjudication. A two-year waiting period from discharge and dismissal is common for many Class A offenses before petitioning. Committing another offense (except minor traffic violations) during this period can affect eligibility.
Some Class A misdemeanors are not eligible for nondisclosure, especially those requiring sex offender registration, involving family violence, or certain violent offenses. A court finding of family violence prevents nondisclosure. Petitioners often must not have prior convictions or deferred adjudications for other offenses (excluding minor traffic violations). The process involves petitioning the court that handled the case. A judge decides if issuing the order is in the “best interest of justice.” If approved, the Texas Department of Public Safety seals the record.
Expunction is a more complete remedy that destroys arrest records, but eligibility is more limited. Expunction is available if an arrest did not lead to charges, charges were dismissed (after waiting periods, like one year for Class A misdemeanors if no felony arose from the same incident), or if the individual was acquitted.10Texas Legislature Online. Code of Criminal Procedure Chapter 55. Expunction of Criminal Records A conviction or successful completion of deferred adjudication for a Class A misdemeanor does not qualify for expunction. An acquittal for a Class A misdemeanor allows for expunction, unless it was part of a criminal episode with other convictions. If granted, the individual can legally deny the arrest and the records’ existence.