Montgomery County Offense Guide
Expunging Theft & Shoplifting in Montgomery County
How a theft charge gets erased through the Conroe 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 Montgomery County
Montgomery County expunctions are filed in the district courts at the courthouse in Conroe, serving The Woodlands, Conroe, Magnolia, and the fast-growing corridor north of Houston.
Typical records holders include the Montgomery County Sheriff's Office, Conroe PD, constable precincts — which are unusually active in this county — the clerks, and DPS.
Local practice notes
Montgomery County prosecutes conservatively, and fewer cases resolve through lenient diversion than in Harris County next door — but dismissals, no-bills, and acquittals happen everywhere, and those outcomes are just as expungable here. Petitions get genuine scrutiny from the DA's office, so statutory precision matters. Many clients are Woodlands-area professionals clearing old records ahead of energy-sector and corporate screening.
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.
The DA in Montgomery County opposed my friend's expunction. Does that happen often?
The DA's office reviews petitions carefully and will contest defective or ineligible ones. For eligible cases with precisely drafted petitions, opposition is the exception — that precision is our job.
My arrest was by a constable's office, not the sheriff. Does that change anything?
Only the agency list — constable precincts are active in Montgomery County and must be named and served like any other records holder. We build the complete list from your records.
Statewide guide
Theft & Shoplifting expunction in Texas →
County guide
All Montgomery 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 Montgomery County
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