Refugio County Offense Guide
Expunging Criminal Mischief in Refugio County
How a criminal mischief charge gets erased through the Refugio 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 Refugio County
Expunction petitions for Refugio County arrests are civil filings made in the district court that serves the county, at the courthouse in Refugio. Whatever agency made the arrest, the petition is filed at the county seat — and it must account for every court and agency that touched the case.
Records of a Refugio County arrest live in several places at once — the Sheriff's Office, any city police department involved, the clerks' offices in Refugio, 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
Refugio County's docket is light compared to the metros, and eligible expunctions here generally move faster than they would in a big city — the work is in drafting the petition precisely and serving every agency. Coastal employment — ports, petrochemical facilities, commercial fishing, and tourism — leans heavily on credentialing and background screening.
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.
Will people in Refugio find out about my expunction?
Expunction is a civil proceeding, and once granted, the order requires agencies to destroy their records of the arrest — after which you may lawfully deny it in most situations. In a small community where records are easy to look up, that finality is exactly the point.
Do I need to travel to Refugio for my expunction?
Almost never — Refugio 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 criminal mischief charge in Refugio County
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