Last Updated on June 27, 2025 by Beltz Law Group
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Texas Misdemeanor Lawyer: Reversing Jail Pleas and Clearing Your Record
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If you were arrested for a traffic ticket or Class “C” misdemeanor and pleaded “guilty” in jail to get released, that case has likely been reported as a conviction on your permanent record. Many times, people don’t realize the far-reaching consequences of this until it is too late. For example, the arrest record and conviction can be used against you for purposes of future employment opportunities. Your mugshot can also become public record. This article is intended to help those who have been arrested for a Class “C” misdemeanor, such as public intoxication, assault, or possession of drug paraphernalia, and what steps can be taken after pleading guilty in jail to reverse the conviction and potentially clear your record.
Understanding The Difference Between Judicial And Police Records
When a person is arrested and processed through the court system, it creates two different types of records. The arrest is conducted by the executive branch of government (law enforcement). These records are referred to as the “police records.” Once the case is filed, it is then overseen by the court that has jurisdiction of the case. The court will then create a judicial record of the case. Every case where an arrest occurred will have two sets of records. It is important to understand this in the context of your record to determine what will need to be done to seal either or both sets of records.
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To seal judicial records, attorneys normally file an Order of Nondisclosure after the case has been dismissed or if deferred adjudication probation is successfully completed. To seal police records and judicial records entirely, an attorney must file an Order for Expunction. Both an expunction and an order of nondisclosure have different requirements to qualify, which have seen significant updates in recent Texas legislation. Therefore, it is crucial to consult with a lawyer about those requirements before choosing which to file.
Key Update: New Expunction and Nondisclosure Laws (Effective January 1, 2025)
- Chapter 55A of the Code of Criminal Procedure: Texas law governing expunctions has been significantly restructured with the repeal of Chapter 55 and the creation of a new, comprehensive Chapter 55A, effective January 1, 2025. This aims to modernize and streamline the expunction process.
- Expanded Eligibility for Expunctions: More misdemeanor offenses may now be eligible for expunction. Notably, Class C misdemeanors that resulted in successful deferred adjudication are generally eligible for expunction, not just nondisclosure, which is a significant change.
- Automatic Expungement (Limited): In some specific cases, dismissed charges and cases resulting in acquittal may be automatically removed from an individual’s record without requiring a petition.
- Nondisclosures: Orders of Nondisclosure are still governed by the Texas Government Code, Chapter 411, Subchapter E-1. While they seal records from public view, certain government agencies, like law enforcement and licensing bodies, can still access them.
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Understanding The Jail Plea For Class “C” Misdemeanors
In Texas, if a person is arrested for a Class “C” misdemeanor, they can be arrested and taken directly to jail so that a judge can admonish them and take their plea. There are a few limited exceptions to this general rule. For example, if a person agrees to sign the ticket, they generally cannot be arrested for certain offenses like speeding or open container violations.
Key Update: Limits on Arrests for Fine-Only Misdemeanors
- Recent legislative efforts have sought to limit arrests for fine-only misdemeanors (like many Class C offenses). While not a blanket prohibition, there’s a growing emphasis on issuing citations instead of making arrests for these low-level offenses, unless there are other circumstances or specific statutory exceptions. However, an officer still retains discretion in many situations.
- Common offenses for which arrests still occur in our misdemeanor criminal defense practice include:
- Public Intoxication
- Possession of Drug Paraphernalia
- Assault
- Assault Family Violence
- Driving While License Suspended or Invalid Without Insurance
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Once taken to jail, a person is brought before a judge to enter their plea. This is where the problem often occurs. Many times, a person is told that if they plead “guilty,” they will be released immediately and given “time served.” The incentive to do this sounds good to a person who may have spent the night in jail and waited until morning to get in front of a judge. The critical problem is that once a guilty plea is entered, the case now becomes a conviction which will be reported to that person’s permanent record.
Convictions For Jail Pleas
The reported conviction for a jail plea of guilty can have serious ramifications. Some of the consequences of a conviction are as follows:
- It can cost a person their job.
- It can affect custody and visitation rights with their children.
- It can suspend a person’s driver’s license.
- It can cause future employers not to consider a person for hire.
- It can increase insurance rates.
The consequences listed above are all very serious. That is why the trade-off for time served and immediate release is normally not worth the long-term cost to the person’s public record.
Reversing The Jail Plea – Filing A Motion For New Trial
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Jail pleas have always been considered suspect in our country. We have a long history of conducting criminal pleas in open court so that the public can view them. This is to avoid situations where individuals might feel pressured to plead guilty solely for immediate release. The Texas Code of Criminal Procedure now addresses these concerns under Article 45A.154:
Texas Code of Criminal Procedure Article 45A.154. Plea of Guilty or Nolo Contendere by Defendant in Jail.
(a) If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant’s right to trial by jury, as appropriate: (1) accept the defendant’s plea; (2) assess a fine, determine costs, and accept payment of the fine and costs; (3) give the defendant credit for time served; (4) determine whether the defendant is indigent; or (5) discharge the defendant.
(b) Notwithstanding Article 45A.201(a), following a plea of guilty or nolo contendere entered by a defendant detained in jail, a motion for new trial must be made not later than the 10th day after the imposition of judgment and sentence. The justice or judge shall grant a motion for new trial made under this subsection.
Breaking down this article is rather simple regardless of the legal language used. Basically, once a jail plea is made, the defendant has a 10-day window to change their mind and reverse the plea. A Motion for New Trial must be filed within that 10-day window. If it is filed within that time period, the judge has no discretion to reject it; it has to be accepted regardless of the judge’s opinion.
For more details on Article 45A.154, you can refer to:
What Is A Motion For New Trial?
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A Motion for New Trial is basically a document filed with a court asking the case to be reopened after a conviction or order has been entered on the case. If a Motion for New Trial is granted, it resets the case to the beginning to be reworked as if nothing has happened on it in the past. It is a very effective tool that attorneys use to get a “redo” on cases that need to be reopened. There are many examples of cases that describe the legal requirements for a Motion for New Trial. The main point to be made in this circumstance is the timing of the motion. It must be filed no later than 10 days after the plea was entered in jail to be granted. Do not wait longer than 10 days. Once 10 days have passed, the judge is not required by law to accept the motion.
Hire A Lawyer To Reverse A Conviction For A Class “C” Misdemeanor
The most important thing to take away from this article is that timelines matter when it comes to reversing a conviction for an offense where a person pleaded guilty in jail. You do not have a lot of time to act. If you or a loved one has entered a plea of guilty in jail and want the conviction reversed, then you need to act now. Take the time to contact a criminal defense lawyer immediately to discuss the appropriate attorney fee and the work necessary to accomplish the job correctly. If you would like to discuss your particular case with our misdemeanor attorneys in Dallas County, contact us at 214-321-4105.
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Summary of Key Updates Incorporated:
- Expunction and Nondisclosure Law Changes: Explicitly mentions the new Chapter 55A of the Code of Criminal Procedure, effective January 1, 2025, and expands on the eligibility for expunctions, particularly for Class C misdemeanors with deferred adjudication. It also touches on limited automatic expungement.
- Arrests for Class C Misdemeanors: Added a note about legislative trends and policies encouraging citations over arrests for fine-only Class C misdemeanors, though acknowledging officer discretion.
- Article Citation Update: The core section on “Reversing The Jail Plea – Filing A Motion For New Trial” now directly cites and includes the text from Texas Code of Criminal Procedure Article 45A.154, which is the current equivalent of the previously cited Article 45.023, specifically for jail pleas. A direct link to the relevant statute has also been added.
This updated article provides more current and accurate information for individuals seeking to address Class C misdemeanor convictions resulting from jail pleas in Texas.
