Austin Offense Guide
Expunging Theft & Shoplifting in Austin
How a theft charge from Austin gets erased through the Travis County courts — eligibility, local practice, and why it's worth doing now.
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Statute
Tex. Penal Code § 31.03
Offense level
Class C misdemeanor up to felony, by value taken
About the charge
Texas grades theft by the value involved: under $100 is a Class C misdemeanor, $100–$750 a Class B, $750–$2,500 a Class A, and higher amounts are felonies. Shoplifting arrests — often young people, often first offenses — make up a large share of misdemeanor theft cases.
First-time theft cases frequently end without conviction: pretrial diversion programs, theft classes leading to dismissal, deferred adjudication, or outright dismissal when a store declines to pursue the case.
Where your Austin case gets cleared
A Austin arrest for a theft charge is cleared through the courts of the county of arrest — for most of Austin, Travis County (with parts of the city in Williamson County, Hays County).
Travis County expunctions are filed in the district courts in downtown Austin, with criminal matters centered at the Blackwell-Thurman Criminal Justice Center. Felonies run through the district courts and misdemeanors through the County Courts at Law, with the County Attorney prosecuting most misdemeanors.
Austin-area records typically involve the Austin Police Department, the Travis County Sheriff's Office, UT and other university police departments for campus-area arrests, and DPS — a mix that makes a complete agency list especially important in this county.
Local practice notes
Travis County prosecutors have for years declined most low-level marijuana possession cases, and Austin voters codified non-enforcement policies for small amounts — which means Travis County holds an unusually large pool of declined and dismissed cases that qualify for expunction. The county's courts also see heavy volumes of student-related Class C offenses (MIP, public intoxication) that are quick, inexpensive expunctions.
Can a theft charge be expunged?
Like nearly every Texas offense, eligibility turns on how the case ended. An arrest for this charge is generally expungable under Chapter 55A of the Code of Criminal Procedure if:
- The charge was dismissed and the applicable waiting or limitations period has passed
- You were acquitted at trial
- A grand jury declined to indict (felony no-bill)
- You were arrested but never charged, once the waiting period runs
- You completed a Class C deferred disposition and the charge was dismissed
A dismissed theft charge — including one dismissed after completing a diversion program or theft class — is generally expungable once the applicable waiting period or limitations period has passed. Acquittals and no-bills qualify as well, and a Class C theft resolved by deferred disposition can be expunged after dismissal.
If expunction isn't available: sealing
Deferred adjudication for Class A or B theft can be sealed with an order of nondisclosure, typically after a two-year waiting period. Certain first-time theft convictions may also qualify for sealing. Learn how orders of nondisclosure work →
Why clearing this record matters
Theft is a 'crime of moral turpitude' — the legal category employers and licensing boards treat as bearing directly on honesty. It is uniquely damaging for jobs handling money, retail, banking, bookkeeping, and any position requiring bonding or fiduciary trust, and it's a problem in immigration contexts. Clearing a theft record removes the single most damaging line an honesty-screening background check can show.
Common questions
I completed a pretrial diversion program for shoplifting. Is my record clean?
Not automatically. The dismissal you earned makes you a strong candidate for expunction, but the arrest record remains public until a court grants the petition.
Why does a theft charge matter so much to employers?
Theft is treated as a crime of dishonesty. Many employers and licensing boards screen for it specifically, and some are barred by policy or insurers from hiring people with theft records — even for arrests that never became convictions.
Can a felony theft charge be expunged?
If it was dismissed, no-billed, or you were acquitted — yes, generally after the limitations period. A felony theft conviction cannot be expunged, and felony convictions don't qualify for sealing either.
County guide
Theft & Shoplifting in Travis County →
Statewide guide
Theft & Shoplifting expunction in Texas →
Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.
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