Class C Misdemeanor in Texas: Fine-Only Offenses, Deferred Disposition, and Expunction

The base range

A Class C misdemeanor in Texas carries a fine up to $500 under § 12.23. No jail is authorized. Class C cases are filed in municipal court (for ordinance violations) or justice of the peace (JP) court (for state-law violations). Indigent defendants do not have the right to court-appointed counsel because no jail is at stake.

The $500 number understates the real cost. Court costs in Texas (state judicial-branch costs plus local jury and county-clerk costs) routinely add $200 to $400 on top of the fine. A bench warrant for failure to appear adds another fee, and unpaid Class C fines can produce an OmniBase hold on the driver license under Tex. Trans. Code ch. 706, blocking license renewal until the case is resolved.

Common Class C offenses

Class C is the workhorse class of Texas day-to-day criminal practice. Most traffic offenses, public intoxication, theft of property under $100, assault by contact, and most municipal ordinance violations are Class C.

• Most traffic offenses — speeding, running a red light, failure to maintain financial responsibility, etc.
• Public intoxication — § 49.02.
• Theft of property under $100 — § 31.03(e)(1).
• Assault by contact — § 22.01(a)(3) and (c). Offensive touching without injury.
• Disorderly conduct — § 42.01.
• Minor in possession of alcohol or tobacco — Tex. Alc. Bev. Code § 106.05; Tex. Health & Safety Code § 161.252.
• Possession of drug paraphernalia — Tex. Health & Safety Code § 481.125.
• Municipal ordinance violations — building, animal control, noise, parking, occupancy.

Deferred disposition (art. 45.051)

Class C cases in municipal or JP court are eligible for deferred disposition under art. 45.051. The judge defers entry of judgment for up to 180 days. If the defendant complies with conditions (driving safety course, community service, no new offenses), the case is dismissed.

Deferred disposition is the dominant resolution pathway for Class C cases in North Texas. A typical deferred-disposition order requires the defendant to (a) pay a special expense (often equal to the fine), (b) attend a driving safety course (for traffic offenses), (c) complete some community service, and (d) commit no new offenses during the 180-day period.

On successful completion, the court dismisses the case. The dismissal makes the case eligible for expunction without a Chapter 55 waiting period if the underlying offense was a covered Class C.

Expunction after dismissal

A Class C case dismissed after successful deferred disposition under art. 45.051 is generally eligible for immediate expunction under Tex. Code Crim. Proc. ch. 55. Family-violence Class C deferred dispositions are excluded from immediate expunction — they remain on the criminal history record despite the dismissal.

Two Class C expunction pathways exist:

1. Deferred disposition dismissal. Eligible for immediate expunction when the case is dismissed after successful completion, unless the offense was family-violence-related.
2. Acquittal. Eligible for immediate expunction under § 55.01(a)(1)(A).

The expunction petition is filed in the district court of the county where the arrest occurred. Texas expunction practice is its own specialty — see the Texas Expunction & Non-Disclosure compendium for petition procedure, filing court, and statutory citations.

Hidden Class C consequences

Class C convictions look small but carry several long-tail consequences. The most common in North Texas: warrant generation on missed appearances, OmniBase driver-license holds, federal firearms consequences for family-violence Class C convictions, and licensing fallout for occupations that screen on crimes of moral turpitude.

• OmniBase holds. Unpaid Class C fines produce a hold on driver license renewal under Tex. Trans. Code ch. 706. The hold persists until the case is resolved and the OmniBase fee is paid.
• Federal firearms. A Class C assault by contact, when the relationship element is met and an affirmative finding of family violence is entered, can qualify as a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9). The federal firearms prohibition can attach even to a Class C.
• Licensing. Texas Department of Licensing and Regulation, TEA/SBEC, and several other professional boards screen on crimes of moral turpitude. A Class C theft can trigger scrutiny depending on the licensing rule.
• Immigration. Crimes involving moral turpitude can have immigration consequences even at the Class C level under 8 U.S.C. § 1227.
• Background checks. Class C convictions appear on most private background-check reports and on the Texas DPS record unless expunged.

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