Collin County Offense Guide
Expunging Criminal Mischief in Collin County
How a criminal mischief charge gets erased through the McKinney courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 28.03
Offense level
Class C misdemeanor up to felony, by damage amount
About the charge
Criminal mischief covers intentional damage to someone else's property — from graffiti and keyed cars to broken windows — graded by the dollar value of the damage. Under $100 is Class C; felonies begin at $2,500.
Restitution-driven resolutions are the norm: pay for the damage, complete a deferral, and the case goes away. Dismissals after restitution are extremely common, especially for young defendants.
Where your case gets cleared in Collin County
Collin County expunctions are filed in the district courts at the county courthouse in McKinney. Felonies are heard in the district courts; misdemeanors in the County Courts at Law, serving Plano, Frisco, McKinney, Allen, and the county's fast-growing suburbs.
Arrest records here typically involve Plano, Frisco, McKinney, or Allen police departments alongside the Sheriff's Office, clerks, and DPS.
Local practice notes
Collin County prosecutes comparatively aggressively, and its courts expect strict statutory compliance in expunction petitions — this is not a county where a thin petition slides through. That said, first-offender resolutions and pretrial diversion outcomes that end in dismissal are regularly expunged. With the county's white-collar workforce, we see many clients here clearing decade-old records ahead of promotions, licensures, and financial-industry background checks.
Can a criminal mischief 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
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.
If expunction isn't available: sealing
Deferred adjudication for Class A/B criminal mischief can typically be sealed after two years; qualifying convictions may also be sealable for essentially first-time offenders. Learn how orders of nondisclosure work →
Why clearing this record matters
Property damage records read as impulsivity and liability risk to employers and landlords alike. They're particularly costly in property management, skilled trades, and any job with access to client premises or equipment. For a record so often produced by a teenage mistake and resolved with a restitution check, it's disproportionately sticky on background checks.
Common questions
I paid restitution and the case was dismissed. Is the record gone?
No — the dismissal ended the case, but the arrest record remains public until expunged. Restitution-based dismissals are strong expunction candidates.
This happened when I was 17. Do juvenile rules apply?
At 17 you were an adult under Texas criminal law (for offenses before the age was relevant to juvenile jurisdiction), so the adult expunction process applies — which is good news: dismissed adult cases are cleanly expungable.
How is the offense level determined for criminal mischief?
By the amount of pecuniary loss — the cost to repair or replace the damaged property. The level affects waiting periods for expunction, which is why we confirm exactly how your case was charged.
Is it harder to win an expunction in Collin County?
The eligibility rules are the same statewide, but Collin County reviews petitions rigorously — accuracy in dates, agencies, and statutory grounds matters. A properly drafted petition for an eligible case succeeds here like anywhere else.
I work in finance in Plano. Will an expunction clear my FINRA background check?
Expunction erases the Texas records that feed most checks. Industry-specific disclosure rules (like FINRA's) have their own definitions, which we'll review against 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 criminal mischief charge in Collin County
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