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McMullen County Offense Guide

Expunging Theft & Shoplifting in McMullen County

How a theft charge gets erased through the Tilden 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 McMullen County

An expunction of a McMullen County arrest is a civil case filed in the district court serving the county, heard at the courthouse in Tilden. The petition has to name each agency holding a piece of the record, from the arresting department to the clerks and the state.

Records of a McMullen County arrest live in several places at once — the Sheriff's Office, any city police department involved, the clerks' offices in Tilden, and DPS's statewide database — and the petition must list them all so the order clears each one. Like many Texas counties, the district court here shares its judge with neighboring counties on a multi-county judicial district, so settings follow the court's rotation through the district.

Local practice notes

With one of the lighter district dockets in Texas, McMullen County can move an uncontested expunction efficiently once the petition is properly drafted and the setting comes up. The regional economy mixes Eagle Ford energy work, ranching, and border-corridor logistics — all industries where contractors and employers screen records before badging or hiring.

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.

Where is an expunction filed for a McMullen County arrest?

In the district court serving McMullen County, at the courthouse in Tilden. We prepare the petition, serve every records-holding agency, and handle the setting.

Do I need to travel to Tilden for my expunction?

Almost never — McMullen County expunctions can nearly always be completed without you appearing, no matter where you live now.

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 McMullen County

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