Legal Question in Criminal Law in Texas

I was cited for theft under $50. In June 2008 I forgot to pay for a $6 item after purchasing over $40 worth of items from a grocery store, walked out of the store, and was stopped by security. I offered to pay for the item but they declined and contacted a police officer to write me a ticket. On February 1, 2010 the officer turned in the ticket and I was summoned by the municipal court on February 15th. I went in, spoke to a prosecutor, and was advised that it was best to plead nolo contendre and do the deferred adjudication, so I did. I will have to pay $200, take a theft class, and keep a clean record for 3 months, which is not a problem, but then it will only be dismissed, not cleared from my record. Should I continue as is and attempt expunction later, or should I have entered a not guilty plea? I don't have much money and I don't want this on my record. What do I do?


Asked on 3/04/10, 9:13 am

1 Answer from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

This is a decision you need to make. If you are eligible for the expunction, you should absolutely do it. If you were found not guilty you would immediately be eligible to expunge (and if you did so within 30 days of the verdict, then the fees would be greatly reduced). A not guilty verdict is never guaranteed. If you went to trial, the State could argue that your attempt to pay for the item or your conduct is proof of your intent to steal the items. In that sense, if you know you can complete the deferred, it's the safe choice. Even if you were found not guilty, you would still have to file the petition for expunction as this process is not automatic in Texas. Depending on the county and the government bodies that may have your records, filing fees for an expunction are around $400/$500 and lawyers charge anywhere from $500 on up to handle the case.

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Answered on 3/09/10, 9:44 am


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