A misdemeanor may not seem as serious as a felony, but it can still create challenges in different areas of life. Whether you’re applying for jobs, housing, or professional licenses, having a misdemeanor on your record can make things more difficult. In some cases, a misdemeanor offense can also lead to legal claims if it results in harm or injury to another person.
If you’ve been involved in an accident or injured due to someone else’s misdemeanor, a Houston car accident lawyer can help you understand your legal rights and how to seek compensation. Understanding the legal aspects is just as important as knowing how long the charge stays on record.
How Long Do Misdemeanors Stay on Your Record in Texas?
In Texas, misdemeanors don’t automatically disappear. Without expungement or a non-disclosure order, a conviction remains on your record indefinitely. Some offenses may qualify for record sealing, restricting public access. However, if you were injured due to someone’s misdemeanor—whether it was a reckless driver or an assault—you may have the right to seek compensation. The length of time their offense stays on record does not impact your ability to hold them accountable for your injuries.
Misdemeanor Classifications in Texas
Texas categorizes misdemeanors into three levels, as outlined in Chapter 12, § 12.21 of the Texas Penal Code.
Class A Misdemeanor
- The most serious misdemeanor category
- Punishable by up to one year in jail and fines up to $4,000
- Examples: Assault causing bodily injury, resisting arrest, burglary of a vehicle, second-offense DWI, theft of property worth between $750 and $2,500, and possession of certain controlled substances.
If someone else’s Class A misdemeanor resulted in you getting injured—such as an assault that led to medical bills or an accident caused by reckless behavior—you may be entitled to compensation. A DWI-related crash, for example, could leave you with lasting injuries and financial hardships. These cases often involve personal injury claims, and legal action can help you recover damages for medical treatment, lost wages, and emotional distress.
Class B Misdemeanor Texas
- Punishable by up to 180 days in jail and fines up to $2,000
- Examples: First-offense DWI, criminal trespass, possession of marijuana
Many Class B misdemeanors involve reckless actions, such as driving under the influence. If someone with a DWI charge injured you in a crash, their misdemeanor charge may strengthen your case when seeking compensation for your injuries. An attorney can help you understand your rights and pursue damages for medical expenses, vehicle repairs, and other losses.
Class C Misdemeanor Texas
- The least severe misdemeanor level
- No jail time, but fines up to $500
- Examples: Traffic violations such as speeding, running a red light, or driving without insurance; public intoxication; disorderly conduct, and theft of property worth less than $100.
While Class C misdemeanors are generally minor, they can still lead to harm. A disorderly conduct charge, for example, could involve someone acting aggressively and causing an injury. Similarly, a reckless driver running a red light could cause a crash, leaving you with medical expenses and other losses. If someone else’s unlawful actions resulted in your injury, you have the right to seek financial recovery for your suffering.
Expungement vs. Record Sealing
Expungement (Complete Removal)
Expungement erases an offense from your record entirely, meaning you can legally state that it never happened. In Texas, this is available for cases that resulted in dismissal, acquittal, or participation in certain pretrial programs. Under Texas Code of Criminal Procedure, Chapter 55, individuals who qualify for expunction must follow specific legal procedures to clear their records. If someone injured you and later had their misdemeanor expunged, it does not erase your right to seek compensation for the harm they caused.
Non-Disclosure (Record Sealing)
A non-disclosure order does not erase the offense but limits who can see it. While it removes the record from public view, law enforcement and government agencies can still access it under Texas Government Code, Chapter 411, Subchapter E-1. A non-disclosure order is typically available to those who have successfully completed deferred adjudication. If someone’s sealed record involves a misdemeanor that led to your injury, you may still have legal options to hold them accountable.
How Long Do Felonies Stay on Your Record?
In general, a felony charge of any kind will remain on your record for life unless you take legal steps to have it restricted. Unlike misdemeanors, felonies are considered serious offenses, and being accused or convicted of one can have long-term consequences on employment, housing, and social standing. Some felonies may be eligible for expungement or non-disclosure under specific circumstances, but violent crimes and sexual offenses are typically not eligible for removal.
If you suffered injuries due to someone convicted of a felony—such as aggravated assault or intoxicated manslaughter—you may have grounds to pursue compensation. Felony-related personal injury cases often involve significant damages due to the severity of harm caused. Legal action can help you recover medical expenses, lost income, and other financial losses resulting from the crime.
Protecting Your Rights After an Injury
Misdemeanors can stay on a person’s record indefinitely, but if you’ve been injured due to someone else’s unlawful or reckless actions, your rights matter. Whether it was a car accident caused by a DWI, an assault-related injury, or harm caused by disorderly conduct, our legal team is here to help you recover what you deserve.
At Mokaram Injury Lawyers, we specialize in injury cases and understand how criminal records can play a role in personal injury claims. Contact us today to discuss your case and explore your legal options.
