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Vandalism is a common crime in the U.S. that affects businesses and property owners. Even if the act wasn't too severe, it's still punishable by law.
Those who engage in vandalism acts in Texas are committing a wide range of misdemeanor offenses. A criminal conviction of any kind can affect any person's life. Those with a criminal history can expect issues when finding employment, financing opportunities, or even relationships.
What if someone got their offense dismissed? Is it possible to erase a person's criminal record? In Texas, it may be possible under specific circumstances.
Below is an overview of how to expunge Texas criminal records successfully, as well as eligibility concerns that most people should be aware of.
What Is Vandalism?
Texas tackles vandalism under three statutes: "Criminal Mischief," "Graffiti," and "Reckless Damage or Destruction." Generally speaking, vandalism in Texas happens when someone intentionally damages or destroys someone else's property without their consent.
Some common acts of vandalism include:
Defacing buildings
Damaging vehicles
Doing graffiti
Breaking windows
More specifically, a person is considered to be engaging in vandalism when they:
Destroy an owner's tangible property.
Tamper with someone's tangible property, causing a substantial inconvenience or monetary loss for them or a third person.
Make drawings, paintings, slogans, or any other kinds of markings on a person's tangible property.
Prosecutors in such cases must prove that the defendant acted with purpose. In other words, they must show that they knew that their act would damage or tamper with another person's property.
When there's no proof of intent, the defendant may still be charged with reckless damage or destruction, according to Texas law.
What Are the Consequences of Vandalism in Texas?
Penalties for vandalism in Texas will depend on the seriousness of the crime. Most of the time, however, a criminal arrest of this kind will lead to a misdemeanor. The greater the value of the property involved in the case, the worse the penalty will be.
Here's a breakdown of all the potential consequences a person may face:
Class C Misdemeanor: It applies when the loss is less than $100 or causes a substantial inconvenience to the property owner. The penalties include a $500 fine.
Class B Misdemeanor: Defendants will get it if the loss is more than $100 but less than $750. They can expect fines of up to $2,000 and up to 180 days in jail.
Class A Misdemeanor: It happens when the loss is more than $750 but less than $2,500. The punishment involves up to $4,000 in fines and up to one year in jail. Defendants may also get a Class A misdemeanor if they impair a public water supply, regardless of the amount of damage.
Felonies: When the loss is $2,500 (or more) but less than $30,000, the person can expect fines of up to $10,000 and up to two years in state jail. Also, if the victim's property was a fence used for the containment or production of livestock, they could face jail time.
How Does Texas Expungement Law Work?
An expungement involves erasing or destroying any evidence of a person's arrest from the public record. Destroying a record forever is necessary for some people who may want to move on with their lives after getting serious criminal charges in the past. Not all records in Texas are eligible for expunction, though.
Some of the benefits a person may get from expunging their record include:
Getting better employment and housing opportunities.
Being eligible to obtain specific professional licenses.
Having the ability to qualify for credits and loans.
Hiding past arrests from employers or other individuals performing background checks.
Reducing the stigma associated with having a record.
What's the Difference Between Expunctions and Nondisclosures?
While most expungements are simple enough to navigate, they won't always result in a favorable outcome for the defendant.
Expungements are usually the best option for people wanting to get rid of their criminal record, but if they don't get their request approved, there's another option to consider.
In Texas, a person can also request an "Order of Nondisclosure." It works similarly to an expungement, although it has certain limitations.
While an expunction completely erases someone's criminal record, a nondisclosure restricts who can access it. With the latter option, the defendant's record may remain available for licensing agencies or government agencies.
Another difference is about eligibility. Expunctions are available for arrests that didn't lead to a conviction or ended in a pardon, among other scenarios. Nondisclosures, on the other hand, tend to be for people who completed probation and deferred adjudication programs. It's always better to check with an attorney to determine whether a defendant is eligible for either of these requests. They can also assist with how to expunge brandishing charge in Texas.
Who Qualifies for a Vandalism Expungement in Texas?
The eligibility criteria for an expunction are straightforward. Usually, a person is eligible for an expunction if they:
Didn't get indicted by a grand jury (no-bill verdict).
Were arrested but not formally charged for their crime.
Were convicted and then pardoned/exonerated later.
Got a deferred adjudication for a Class C misdemeanor.
Got their case resolved by completing a pretrial diversion program.
Something important to note is that there's a waiting period for those wanting to file for an expunction, even if they meet all eligibility requirements. Here are the minimum periods:
Class C Misdemeanors - 180 days
Class A/B Misdemeanors - One year
Felonies - Three years
When Is Someone Not Eligible for an Expunction in Texas?
When someone meets one or more of the following conditions, they will not be eligible for an expunction:
They were convicted of the offense they want to expunge.
They want to expunge a crime in which they were found not guilty, but they have past convictions for similar crimes.
There are pending charges against them from the arrest they want to expunge.
They were placed on deferred adjudication (unless it's a Class C misdemeanor).
How to Expunge a Vandalism Charge in Texas
Essentially, it's possible to expunge a vandalism charge in Texas. However, there's a process everyone must go through.
Getting help from a lawyer in these scenarios is often the best choice to make, as it makes everything much easier to understand. They can also provide help with how to expunge larceny charge in Texas.
Review Eligibility
The first step is to review the case in its entirety to determine whether the defendant truly is eligible for an expunction. In some cases, even if they can't apply for an expunction, they may still have a chance with a nondisclosure order.
Talking to a lawyer may help the defendant understand whether they can successfully file for an expunction or not.
Create a Plan with an Attorney
Attorneys can help defendants review every aspect of their case. Even if the defendant is eligible, they still have to gather some documents and file them appropriately. Otherwise, their request won't proceed.
A professional attorney will help their client cover every step of the journey, including filing a petition, gathering supporting materials, and addressing filing fees with the court.
These experts can help people get a realistic outlook on their case. This way, the defendant won't waste time and money on resources that won't work for them. For more information, our criminal attorneys may be able to help.
File a Petition and Notify Everyone Involved in the Case
Defendants must file a petition on the county where they got the charges. The requirements for the petition may vary depending on the state. In Texas, defendants may have to include:
Name, address, and date of birth
Arrest details (date, law enforcement agency involved, etc.)
Outcome of the case (acquittal, dismissal, or any other relevant resolution)
After gathering enough documents, the defendant will have to pay a filing fee to formally make a request. Then, the court will schedule a hearing. Defendants must notify all parties involved in the arrest.
Attend the Court Hearing
Either the defendant or their attorney can present the case during the hearing, explaining why they want the records expunged.
Meeting all expunction requirements doesn't necessarily mean that the court will grant it. It all depends on how strong the defendant's case is and the court's opinion.
Receive a Court Order
If the court believes that the defendant meets all the requirements, they will get an "Order of Expunction" issued. This order instructs courts, law enforcement agencies, and other entities to seal or destroy the person's criminal records.
In most cases, it's recommended for defendants to confirm that all records of their arrest have been expunged correctly. This includes checking physical and digital copies of these documents.
If the defendant doesn't get their expunction granted, they can still talk to their lawyer to see if they may move on to a nondisclosure request instead.
Bottom Line - Why Hiring a Criminal Defense Attorney Is Worth It
When it comes to filing for expunctions, there's little to no room for mistakes. Failing to complete the process correctly will likely result in the defendant's case getting dismissed, which will affect them in their personal, financial, and professional life.
Hiring an attorney solves all of these problems. These experts are trained to give defendants a realistic overview of their case, as well as make a plan that ensures the best outcome possible.
At Sparks Law Firm, there's a team ready to take expungement cases and get to the bottom of them. Those interested can schedule a free consultation today.
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