Your Situation
Dismissed Criminal Mischief in Texas — Is It Still on Your Record?
Here's the part nobody tells you at dismissal: the case ending doesn't make the record disappear. The arrest for a criminal mischief charge, the booking, and the court file all remain public — visible to employers and landlords — until a judge orders them expunged.
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Statute
Tex. Penal Code § 28.03
Offense level
Class C misdemeanor up to felony, by damage amount
What a dismissed criminal mischief case looks like to a background check
A typical report shows the arrest date, the charge under Tex. Penal Code § 28.03, and a disposition of "dismissed" — and some stale databases show the charge with no disposition at all, letting the reader assume the worst. Either way, the word "criminal mischief" is in front of whoever is screening you.
The fix: expunction
A dismissed charge is generally expungable once the applicable waiting or limitations period has passed — and sooner when the dismissal reflects a lack of probable cause. After expunction, every agency destroys its records and you may lawfully deny the arrest in nearly all contexts.
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.
We calculate your exact eligibility timeline from your records — for free — and people are often eligible sooner than they assume.
Common questions
My criminal mischief case was dismissed — can employers still see it?
Yes, until it's expunged. Dismissal ends the prosecution, not the public record; background vendors routinely report dismissed cases with the original charge visible.
How long after dismissal can I expunge a criminal mischief charge?
Generally once the statute of limitations runs — two years for misdemeanors, three or more for felonies — and potentially sooner if the dismissal shows the charge lacked probable cause. We compute your exact date free.
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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