Bexar County Offense Guide
Expunging Theft & Shoplifting in Bexar County
How a theft charge gets erased through the San Antonio 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 Bexar County
Bexar County expunctions are filed in the district courts in downtown San Antonio, where criminal matters are centered at the Cadena-Reeves Justice Center. Felonies are heard in the criminal district courts and misdemeanors in the County Courts at Law.
San Antonio's principal records holders are SAPD and the Bexar County Sheriff's Office, alongside the district and county clerks, the DA's office, and DPS — plus suburban agencies for arrests outside the city.
Local practice notes
Bexar County has embraced cite-and-release for certain low-level offenses (including small-amount marijuana possession) and operates substantial pretrial diversion programming through the DA's office. Both paths routinely end without conviction, leaving records that qualify for expunction. San Antonio's military community is also worth noting: service members and veterans often need records cleared quickly for security clearance reviews, and we prioritize accordingly.
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 cited and released in San Antonio and the case was later dismissed. Is there still a record?
Yes — cite-and-release avoids jail booking, but the charge still creates court and DPS records. The dismissal makes it a strong expunction candidate.
Can an expunction help my military security clearance?
An expunged arrest may lawfully be denied in most contexts, and clearing the public record helps. Clearance questionnaires have their own disclosure rules, which we'll walk through for your situation.
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 Bexar County
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