Criminal Defense Laws in Texas.

Texas sets specific penalty ranges by offense level: state jail felonies (180 days–2 years), third degree felonies (2–10 years), second degree felonies (2–20 years), first degree felonies (5–99 years or life). Capital felonies carry life without parole or the death penalty.

Texas allows expunction (complete destruction) of criminal records for arrests that did not lead to a conviction, certain acquittals, pardons, and cases dismissed under specific conditions. Chapter 55A replaced former Chapter 55 effective January 1, 2025.

If you completed deferred adjudication community supervision, you may petition for an order of nondisclosure, which seals your record from the public but keeps it available to law enforcement and certain agencies.

Texas DWI penalties escalate with prior offenses. A first offense is a Class B misdemeanor (3–180 days in jail, up to $2,000 fine). A third offense is a third degree felony (2–10 years in prison). DWI with a child passenger is a state jail felony.

Any person charged with a criminal offense punishable by imprisonment has the right to appointed counsel if they cannot afford an attorney.