Hidden consequences of a Class C conviction in Texas

January 15, 2020

Originally posted on the website of our contributors, Law Office of Bryan Fagan.

Previously in another article, Texas Crimes Punishment, which can be found here and here, I discussed the different ranges of punishment a person charged with a crime in Texas may face. In that article, I promised to get more specifically into some other consequences of a class C misdemeanor. Here, I discuss the hidden consequences of a class c conviction in Texas. Additionally, I discuss how to make sure the class C misdemeanor stays off your record.

The right to carry a firearm:

Your right to carry a firearm can be revoked for 5 years based on several different crimes, including a certain class C misdemeanor known as “disorderly conduct”. Disorderly conduct can fall in any of the following examples: When a person,

(1)  uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;

(2)  makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;

(3)  creates, by chemical means, a noxious and unreasonable odor in a public place;

(4)  abuses or threatens a person in a public place in an obviously offensive manner;

(5)  makes unreasonable noise in a public place other than a sport shooting range, or in or near a private residence that he has no right to occupy;

(6)  fights with another in a public place;

(7)  discharges a firearm in a public place other than a public road or a sport shooting range;

(8)  displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

(9)  discharges a firearm on or across a public road;

(10)  exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or

(11)  for a lewd or unlawful purpose:

(A)  enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;

(B)  while on the premises of a hotel or comparable establishment, looks into a guest room not the person’s own through a window or other opening in the room; or

(C)  while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.

The right to receive federal financial aid and/or enter college:

Certain class C misdemeanors, such as possession of drug paraphernalia, disorderly conduct, or public fighting, can potentially be used against you to prevent you from receiving financial aid or getting into a college.

How to keep a class c misdemeanor off your record:

Most of the time, if an outright dismissal is not attainable, a deferred adjudication is offered for a class C misdemeanor. Deferred adjudication is a term of usually 180 days for a class C misdemeanor (usually longer for class A and B), in which if you do not pick up new citations or other crimes, your case will be dismissed at the end of the 180 days. Unlike class A or class B deferred adjudication cases, you will be able to expunge your case at the end of the deferred term of a class C misdemeanor. After successful completion of a deferred term of a class A or B misdemeanor, you may only be able to seal the case, but not expunge it. More detailed information on expunction v. sealing your records can be read here: (http://atlawoffice.com/arrested-cant-find-job-michael-vick-story/).

What if I just pay the fine, can I get it off my record?

If you pay the fine for a class C misdemeanor, it means you are accepting a guilty plea and receiving a conviction. A conviction on your record cannot be sealed nor expunged.

Point System:

Prior to September 2019, your driver’s license could have been taken away as an indirect result of class C misdemeanors and/or traffic violations, based on the Texas Points Systems which would penalize an individual by assessing surcharges based on the number of points tallied by an individual. The good news is that this is no longer the case and driving privileges cannot be taken away from a Texas resident solely based on unpaid surcharges.

CONTACT US

If you are looking for a criminal defense attorney and want to know more details about the consequences of a crime, about cleaning your criminal history, what strategy to take in fighting your allegations and avoid the punishment or reduce it to the lowest possible punishment, or if you simply want to call to discuss any legal issue, call or email me, Amir Tavakkoli, Houston attorney from the A.T. Law Office. Our phone number is 832-800-5590 and the email is info@atlawoffice.com. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and BrazoriaContact the A.T. Law Firm by calling (832) 800-5590 for a free consultation.

crime-punishment-photo