Bexar County Offense Guide
Expunging Criminal Mischief in Bexar County
How a criminal mischief charge gets erased through the San Antonio courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 28.03
Offense level
Class C misdemeanor up to felony, by damage amount
About the charge
Criminal mischief covers intentional damage to someone else's property — from graffiti and keyed cars to broken windows — graded by the dollar value of the damage. Under $100 is Class C; felonies begin at $2,500.
Restitution-driven resolutions are the norm: pay for the damage, complete a deferral, and the case goes away. Dismissals after restitution are extremely common, especially for young defendants.
Where your case gets cleared in Bexar County
Bexar County expunctions are filed in the district courts in downtown San Antonio, where criminal matters are centered at the Cadena-Reeves Justice Center. Felonies are heard in the criminal district courts and misdemeanors in the County Courts at Law.
San Antonio's principal records holders are SAPD and the Bexar County Sheriff's Office, alongside the district and county clerks, the DA's office, and DPS — plus suburban agencies for arrests outside the city.
Local practice notes
Bexar County has embraced cite-and-release for certain low-level offenses (including small-amount marijuana possession) and operates substantial pretrial diversion programming through the DA's office. Both paths routinely end without conviction, leaving records that qualify for expunction. San Antonio's military community is also worth noting: service members and veterans often need records cleared quickly for security clearance reviews, and we prioritize accordingly.
Can a criminal mischief 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
Dismissed criminal mischief cases — including those dismissed after restitution agreements or diversion — are generally expungable after the applicable period, and Class C versions resolved by deferred disposition qualify after dismissal with only a 180-day wait for uncharged arrests. Acquittals and no-bills qualify on the standard timelines.
If expunction isn't available: sealing
Deferred adjudication for Class A/B criminal mischief can typically be sealed after two years; qualifying convictions may also be sealable for essentially first-time offenders. Learn how orders of nondisclosure work →
Why clearing this record matters
Property damage records read as impulsivity and liability risk to employers and landlords alike. They're particularly costly in property management, skilled trades, and any job with access to client premises or equipment. For a record so often produced by a teenage mistake and resolved with a restitution check, it's disproportionately sticky on background checks.
Common questions
I paid restitution and the case was dismissed. Is the record gone?
No — the dismissal ended the case, but the arrest record remains public until expunged. Restitution-based dismissals are strong expunction candidates.
This happened when I was 17. Do juvenile rules apply?
At 17 you were an adult under Texas criminal law (for offenses before the age was relevant to juvenile jurisdiction), so the adult expunction process applies — which is good news: dismissed adult cases are cleanly expungable.
How is the offense level determined for criminal mischief?
By the amount of pecuniary loss — the cost to repair or replace the damaged property. The level affects waiting periods for expunction, which is why we confirm exactly how your case was charged.
I was cited and released in San Antonio and the case was later dismissed. Is there still a record?
Yes — cite-and-release avoids jail booking, but the charge still creates court and DPS records. The dismissal makes it a strong expunction candidate.
Can an expunction help my military security clearance?
An expunged arrest may lawfully be denied in most contexts, and clearing the public record helps. Clearance questionnaires have their own disclosure rules, which we'll walk through for your situation.
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.
Clear a criminal mischief charge in Bexar County
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