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  1. #1

    Default Expunging Burglary of a Vehicle in Texas

    Back in 1994, did the statutes change from 3rd degree Felony to a Class C Misdemeanor and then this year or last year, it changed back to a state jail Felony?

    I have 3rd degree felony of burglary of vehicle, 2 cases of it and It has been 12 years that I havent done anything. I am looking to have it expunged. I was given deferred adj. probation (6years) and was released from community supervision in 2000.

    If my statement is true on the texas statutes, I can argue that for the longest time, it was a misdemeanor and point it that way and convince the judge that it is all a gray area, and cross my fingers to have it expunged.

  2. #2
    Join Date
    Aug 2005
    Location
    Dallas-Fort Worth
    Posts
    158

    Default Re: 3rd Degree Felony - Burglary of a Vehicle in Texas

    Burglary of a Vehicle is not a Class C misdemeanor nor has it ever been. Class C Misdemeanors are the type of offenses for which a person is written a ticket. They are the very minor offenses. Further, it wouldn't go from a Felony to a Class C - maybe a Class A misdemeanor. Regardless, you would have to file for an order of non-disclosure to seal your record instead of expunging it. Since the waiting period on a felony is 5 years following the completing of the deferrment before you can file for a non-disclosure, you should be eligible now to file. If this is something you are needing assistance from an attorney, feel free to contact me directly at vance@mcmurrymcmurry.com.

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