Have you been charged with a misdemeanor and wish to know how long it will remain on your record? In Texas, a misdemeanor conviction stays on a person’s criminal record indefinitely unless the court expunges it.

However, some misdemeanors may qualify for non-disclosure, which restricts access to the conviction for certain entities and individuals.

If you are facing misdemeanor charges or currently have a record, collaborating with a reputable Dallas criminal defense lawyer could be beneficial for you to confirm what legal avenues you may have.

Explore the frequently asked questions from a law firm with over 30 years of experience to discover if a misdemeanor can be removed from your record in Texas.

• What Does a Misdemeanor Consist of in Texas?
• Why Do Misdemeanors Stay on Your Record?
• Public Safety
• Sentencing Considerations
• Can a Misdemeanor Be Expunged From Your Record?
• What Is Non-Disclosure and How Does It Differ From Expungement?
• How to Pursue Expungement or Non-Disclosure
• Is It Necessary to Get a Lawyer to Have a Misdemeanor Removed From Your Record? 

What does a Misdemeanor Consist of in Texas?

A misdemeanor is a criminal offense that is less severe than a felony. In Texas, misdemeanors are categorized into three classes:

1. A Class A Misdemeanor is punishable by up to one year in jail and/or a fine of up to $4,000.
2. A Class B Misdemeanor is punishable by up to 180 days in jail and/or a fine of up to $2,000.
3. A Class C Misdemeanor will typically result in a fine with no jail time.

While misdemeanors are less serious than felonies, they can still have lasting repercussions on your life. The assistance of a qualified misdemeanor attorney in Dallas may help you avoid some of the harsh penalties of misdemeanors altogether. 

Why do Misdemeanors Stay on Your Record?

Unlike felonies, which can sometimes be eligible for automatic expungement after a certain period, misdemeanors do not have a built-in expiration date.

According to the Texas Department of Public Safety (DPS), a misdemeanor conviction will remain part of your public record unless you pursue a legal process to have it removed. Why? Key reasons include:

Public Safety

Keeping a record of misdemeanors helps law enforcement agencies and the justice system assess an individual’s criminal history and make informed decisions regarding public safety. It allows them to identify patterns of behavior and assess the potential risk an individual may pose to society.

Sentencing Considerations

Misdemeanor convictions can impact future sentencing if an individual commits subsequent offenses. Many jurisdictions have laws that consider prior convictions when determining the severity of punishment for repeat offenders. The presence of prior misdemeanors on a person’s record can result in enhanced penalties for subsequent offenses.

Can a Misdemeanor Be Expunged from Your Record?

Yes, a misdemeanor can be expunged off of your record under certain circumstances. Expungement is the legal process of erasing a criminal record.

If your misdemeanor qualifies for expungement, it will be as if the offense never occurred, and it will no longer stay on your record or appear in background checks. 

In Texas, certain conditions must be met for a misdemeanor to be eligible for expungement:

• You were acquitted of the charges.
• The charges were dismissed.
• You completed a pretrial diversion program.
• The statute of limitations for the offense has expired.

What Is Non-Disclosure and How does It Differ from Expungement?

Non-disclosure, on the other hand, does not erase the misdemeanor from your record but limits who can access it. If your misdemeanor is eligible for non-disclosure, certain entities, such as private employers, will not be able to see the conviction. However, law enforcement and specific government agencies may still access the record.

To qualify for non-disclosure, you generally must meet the following criteria:

1. You must have completed your sentence, including probation.
2. You cannot have been convicted of any other offenses during the waiting period.
3. The misdemeanor must not involve certain serious offenses, such as family violence.

In either case, seeking the help of a legal professional will help you determine if you meet the criteria for expungement or non-disclosure. 

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How to Pursue Expungement or Non-Disclosure

The steps to expunge a misdemeanor so that it does not stay on your record indefinitely can be an uphill battle. You may need the trusted guidance of a Dallas expunction and non-disclosure lawyer to ensure that your case is being handled fairly and your rights are fully protected.

1. Determine Eligibility: Review the criteria for expungement to see if your misdemeanor qualifies.
2. Obtain Necessary Documents: Gather all relevant court documents, including the judgment and any evidence of completion of sentences.
3. File a Petition: Submit a petition for expungement to the court in the county where you were convicted.
4. Attend the Hearing: You may be required to attend a court hearing, at which a judge will decide whether to grant the expungement.
5. Notify Relevant Agencies: If granted, you must ensure that all relevant law enforcement and government agencies are notified to remove the records.

The process to seek non-disclosure is similar but requires a few different steps, such as:

1. Check Eligibility: Ensure that your misdemeanor meets the criteria for non-disclosure.
2. Gather Documentation: Collect documentation that proves you have completed your sentence and met all requirements.
3. File a Petition: Submit a petition for non-disclosure to the appropriate court.
4. Hearing Process: Attend a hearing where a judge will review your case and decide on the non-disclosure request.
5. Follow Up: Ensure that the necessary agencies update their records to reflect the non-disclosure order.

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Is It Necessary to Get a Lawyer to Have a Misdemeanor Removed From Your Record?

Misdemeanors can stay on your record for a long time. They have the ability to impact prospective employment opportunities, housing potential, and more.

While not required, handling the nuances of a misdemeanor on your record is best handled with a qualified Dallas criminal defense attorney. 

The Law Office of Randall B. Isenberg has certified criminal defense lawyers with extensive experience in having misdemeanors expunged or moved to non-disclosure in order to safeguard your future.

If your situation could benefit from our legal help, contact us immediately to schedule a free consultation session. We’d love to help you. 

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If you have questions about whether it’s legal for minors to drink with their parents in Texas, you’ve come to the right place. In Texas, it is generally illegal for individuals under the age of 21 to consume alcohol, but there are some instances in which it may be deemed permissible in moderation. 

In this article, our Dallas criminal defense lawyers will address frequently asked questions and provide you with the information you need surrounding minors and alcohol consumption.

At our law firm, we’ve offered non-judgmental legal support for over 30 years and are here to help you understand the laws, potential consequences, and your rights.

For more information, we provide a free session for your initial consultation.

• Can Minors Drink Alcohol in Texas?
• Are There Any Exceptions That Allow Minors to Drink With Their Parents?
• Are Minors Allowed to Drink Alcohol in Public With Their Parents in Texas?
• What Does It Mean to Be Under the Direct Supervision of a Parent or Legal Guardian?
• What Are the Potential Consequences for Allowing a Minor to Drink in Texas?
• Can Parents Be Held Liable for Their Child’s Actions Related to Alcohol?
• What Should I Do if My Child Has Been Charged With Underage Drinking in Texas?
• How Can a Criminal Defense Lawyer Help in Underage Drinking Cases?
• What Should I Do If I Am Facing Charges for Allowing My Child to Drink in Public in Texas?

Can Minors Drink Alcohol in Texas?

No. The legal drinking age is 21 and is strictly enforced. Minors found in possession of alcohol can face legal consequences, and parents who allow their children to become publicly intoxicated will likely require the help of a Dallas child abuse lawyer to mitigate their punishment.

Are There Any Exceptions that Allow Minors to Drink With Their Parents?

There are limited exceptions to the law that allow minors to consume alcohol under certain circumstances. For example, a minor can consume alcohol as part of a religious ceremony or if they are under the direct supervision of their parent or legal guardian.

Yes. Texas law does allow minors to consume alcohol under specific circumstances. According to Texas Alcoholic Beverage Code § 106.04, a minor can legally consume alcohol if they are in the presence of their parent or guardian. 

Note, that while the law permits this under certain conditions, the act of providing alcohol to a minor can still lead to legal issues if not done carefully. For example, if a parent allows a minor to drink excessively and it leads to harm, there could be liability issues.

Are Minors Allowed to Drink Alcohol in Public With Their Parents in Texas? 

Generally, minors can not drink with their parents in restaurants or other public places. When it comes to public places, the rules are much stricter. Minors are not allowed to consume alcohol in public settings, regardless of parental presence. Under Texas Penal Code § 106.05

However, an exception is made for religious purposes, like for communion at church. In Texas, if your minor is caught drinking, even in front of their guardian, this may lead to fines and other consequences for both the child and parent. 

What does It Mean to Be Under the Direct Supervision of a Parent or Legal Guardian?

Under Texas law, a minor can consume alcohol if they are in the visible presence of their parent or legal guardian and the parent or guardian is actively providing supervision. However, this exception does not give parents or guardians the right to provide alcohol to minors in just any situation.

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What Are the Potential Consequences for Allowing a Minor to Drink in Texas?

If outside of the exceptions, allowing a minor to consume alcohol in Texas in the presence of a guardian can have serious legal consequences.

Under state law, it is a Class A misdemeanor for a parent or guardian to knowingly allow a minor to possess or consume alcohol on their property or under their control. This offense carries penalties of up to one year in county jail and/or a fine of up to $4,000.

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Can Parents Be Held Liable for Their Child’s Actions Related to Alcohol?

In certain situations, parents can be held civilly liable for their child’s actions related to alcohol. If a minor causes injury or property damage while under the influence of alcohol, parents may be held responsible for any resulting harm.

It is crucial for parents to understand their legal obligations and take appropriate measures to prevent underage drinking.

What Should I Do if My Child Has Been Charged With Underage Drinking in Texas?

If your child has been charged with underage drinking, it is important to seek legal representation immediately. The Law Offices of Randall B. Isenberg has underage DWI attorneys in Dallas who can provide you with experienced legal guidance and help protect your child’s rights.

We will thoroughly review the details of the case, explore potential defenses, and work towards the best possible outcome.

How Can a Criminal Defense Lawyer Help in Underage Drinking Cases?

Our skilled criminal defense lawyer can provide invaluable assistance in underage drinking cases.

They will analyze the evidence, challenge the legality of the search or seizure, negotiate with the prosecution, and, if necessary, represent your child in court. Their goal is to minimize the potential consequences and protect your child’s future.

What Should I Do if I Am Facing Charges for Allowing My Child to Drink in Public in Texas?

If you are facing charges for allowing your child to drink, it is crucial to seek legal representation immediately. The Law Offices of Randall B. Isenberg can provide you with the support and guidance you need during this challenging time.

We will explain the charges against you, explore potential defenses, and fight for your rights in court. Contact us today.

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(214) 696-9253