Legal Question in Wills and Trusts in Texas

is a fight a felony? is shop lifting wiht a value under 20 dollars a felony? if so or not what can i do to clear up my record? i have heard at the age of 18 which i will turn in months i can clear my record.. i just want to know my options... and what is a good moral character? will i quailify if i have been in 2 fights possesion of parapahnelia and shplifting?


Asked on 12/09/10, 10:33 am

1 Answer from Attorneys

Charles Pelowski The Law Office of Charles Pelowski

I don't really have enough details to answer this question. A fight is charged as an assault, which is normally a Class A misdemeanor, although it could be as low as a Class C misdemeanor if no one was hurt. On the other hand, a fight could be a felony under certain circumstances if other factors (family violence, for one) are involved. An aggravated assault involves the use of a weapon or an fight in which someone is seriously hurt. Aggravated assault is a felony in Texas.

In all likelihood, your fight was probably a Class A misdemeanor. A Class A misdemeanor carries a maximum penalty of up to one year in jail and a $4,000 fine.

Shoplifting is charged as Theft. The punishment range for theft varies based on the dollar amount stolen. For amounts less than $50, such as in your case, theft is a Class C misdemeanor, equivalent to a traffic ticket, and punishable by fine only.

There is no way to automatically clear your record. Your options will vary depending on how old you were when you were charged with the crimes.If you were adjudicated delinquent as a juvenile, you may petition to have the court seal your juvenile records if you qualify.

If, as an adult (age 17 or older in Texas) you were found not guilty, your case was dropped, or your charges were dismissed, you may qualify for an expunction. If you completed a deferred adjudication, you may petition the court to have your records "sealed" through an order of nondisclosure.

If you were found guilty as an adult, there is no easy way to clear your record. Your only remaining options are a writ of habeas corpus (rarely successful) or a pardon from the president or governor (extremely complicated and will not work unless you have political connections).

In any event, you will need to contact an attorney for help clearing your record.

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Answered on 12/14/10, 11:40 pm


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