Texas law

Criminal Defense Laws in Texas.

Texas classifies criminal offenses as felonies (capital, first through third degree, and state jail) and misdemeanors (Class A, B, and C). Texas uses determinate sentencing with specific penalty ranges for each offense category. The state has extensive expunction and nondisclosure laws that allow certain records to be sealed or destroyed.

Last verified: 2026-02-25

Guided help

Ask about a criminal defense deadline, right, or next step.

Keep the question grounded in Texas. FlowLawyers can route you to the statute section, legal aid, attorney search, or a guided workflow when one fits.

Fast paths

Explain my next step Filing deadline Attorneys Legal aid

The law sections below preserve the citations and source links. Use guided help when you need to move from reading the rule to choosing what to do next.

State law

Statute of Limitations

No limit for murder; 3 years for most felonies; 2 years for misdemeanorsTex. Code Crim. Proc. arts. 12.01–12.02

Murder and manslaughter have no statute of limitations. Most felonies must be charged within 3 years. Misdemeanors must be charged within 2 years.

Exceptions

Sexual Offenses Against Children — No limitTex. Code Crim. Proc. art. 12.01(1)(B)–(E)

There is no statute of limitations for sexual assault of a child, indecency with a child, continuous sexual abuse of a child, or aggravated sexual assault of a child.

Theft and Robbery — 5 yearsTex. Code Crim. Proc. art. 12.01(4)

Theft, robbery, kidnapping, burglary, and arson charges must generally be brought within 5 years.

Sexual Assault (Adult) — 10 yearsTex. Code Crim. Proc. art. 12.01(2)(E)

Sexual assault charges involving an adult victim must be brought within 10 years.

State law

Key Texas Statutes

Determinate Sentencing RangesTex. Penal Code § 12.21–12.35

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.

Expunction of Criminal RecordsTex. Code Crim. Proc. arts. 55A.001–55A.451

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.

Orders of NondisclosureTex. Gov't Code § 411.071–411.0736

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.

DWI PenaltiesTex. Penal Code § 49.04–49.09

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.

Right to CounselTex. Code Crim. Proc. art. 1.051

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

State law

Official Sources

Texas State Legislature — Statutes Texas Courts — Criminal

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

Criminal Defense Laws in Texas.

Ask about a criminal defense deadline, right, or next step.

Statute of Limitations

Key Texas Statutes

Official Sources

Not Legal Advice

Other state law topics.