McLennan County Offense Guide
Expunging Theft & Shoplifting in McLennan County
How a theft charge gets erased through the Waco courts — eligibility, local filing practice, and why it's worth doing.
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 case gets cleared in McLennan County
McLennan County expunctions are filed in the district courts at the courthouse in Waco, the hub of the I-35 corridor between Dallas and Austin.
Records commonly involve the Waco Police Department, the county Sheriff's Office, Baylor University Police for campus-area cases, the clerks, and DPS.
Local practice notes
Waco blends a university docket — Baylor-area MIP, PI, and small possession cases that resolve through deferrals and dismissals — with a regional workforce that screens for healthcare, education, and manufacturing employment. I-35 through McLennan County also produces a steady stream of traffic-stop possession arrests against travelers from across the state, who can clear eligible records here without returning to Waco.
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.
I was passing through on I-35 when I was arrested. Do I have to come back to Waco?
Filing happens in the county of arrest, but almost never requires your presence — we handle McLennan County expunctions for out-of-town clients start to finish.
Does Baylor see my expunged record?
An expunction order directs all records-holding agencies, including university police, to destroy their records — and afterward you may lawfully deny the arrest in most contexts.
Statewide guide
Theft & Shoplifting expunction in Texas →
County guide
All McLennan County expunctions →
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 theft charge in McLennan County
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