Petty Theft in Texas: Penalties, Civil Demands, and Sealing

Texas law doesn’t use the phrase “petty theft” — the term people search for when they mean low-value shoplifting or minor theft charges in Texas. All theft falls under a single statute, Penal Code Section 31.03, which grades the offense by the dollar value of what was taken. Stealing property worth less than $100 is a Class C misdemeanor punishable by a fine of up to $500 and no jail time. Theft of items worth up to $2,500 can bring up to a year in county jail. Prior convictions, the type of property stolen, and the victim’s identity can all push charges higher than the dollar amount alone would suggest.

Misdemeanor Theft Classes by Dollar Value

Texas Penal Code Section 31.03 sets a ladder of offense levels tied to the value of the stolen property or services. The three misdemeanor tiers are:

  • Class C misdemeanor: value less than $100.
  • Class B misdemeanor: value of $100 or more but less than $750.
  • Class A misdemeanor: value of $750 or more but less than $2,500.

Once the value reaches $2,500, the charge becomes a state jail felony and escalates from there.1State of Texas. Texas Penal Code 31.03 – Theft

A Class C theft charge sounds minor, and procedurally it resembles a traffic ticket. The record it creates does not. A theft conviction of any class shows up on background checks.

Penalties for Each Misdemeanor Class

Each class carries its own maximum fine and jail exposure:

These are ceilings, not sentences. What a judge actually imposes depends on the circumstances and the defendant’s history. A first-time Class B offender with a clean record is far more likely to receive probation or a reduced sentence than someone with prior theft convictions.

What Can Push a Low-Value Theft Higher

Dollar value is the starting point. Several facts about the defendant or the property can move the charge up a tier or more.

Prior Theft Convictions

If you steal property worth less than $100 and have any prior theft conviction, the Class C becomes a Class B misdemeanor. If you have two or more prior theft convictions and the stolen property is worth less than $2,500, the charge jumps all the way to a state jail felony, which carries six months to two years in a state jail facility.1State of Texas. Texas Penal Code 31.03 – Theft

This is how low-dollar shoplifting snowballs. Someone with two prior theft convictions who takes a $20 item faces a felony. The priors don’t need to be recent, and out-of-state theft convictions count.

Type of Property and Who It Came From

Certain items trigger automatic enhancements regardless of value. Stealing a firearm is a state jail felony even if the gun is worth $200. Stealing a driver’s license or state-issued ID is automatically a Class B misdemeanor regardless of its negligible monetary value.1State of Texas. Texas Penal Code 31.03 – Theft Taking property directly from another person’s body, such as pickpocketing, is a state jail felony no matter the dollar amount. The same applies to stealing from a human corpse or grave, including military grave markers.

Aggregation of Multiple Thefts

Prosecutors do not have to charge each small theft separately. When multiple thefts are part of a single scheme or ongoing pattern, the values can be combined into one charge.5State of Texas. Texas Penal Code 31.09 – Aggregation of Amounts Involved in Theft This matters most for repeat shoplifters and employees skimming from a register. Five separate $400 thefts from one employer can be aggregated into a single $2,000 charge, turning a Class B into a Class A. Cross $2,500 and it becomes a felony.

Civil Demands from Retailers

A criminal charge is not the only legal consequence. Under Texas Civil Practice and Remedies Code Chapter 134, a theft victim can recover the actual value of the stolen property plus additional damages of up to $1,000, along with court costs and reasonable attorney’s fees.6State of Texas. Texas Civil Practice and Remedies Code 134.005 – Recovery If the person accused is a minor, a parent or guardian can be held responsible for actual damages up to $5,000.

These civil claims are independent of the criminal case. You can be acquitted of criminal theft and still lose a civil suit, because the civil standard of proof is lower. Large retailers routinely send demand letters based on this statute after a shoplifting incident, often before anything happens in criminal court.

Deferred Adjudication for First-Time Offenders

For most people charged with misdemeanor theft, deferred adjudication is the single most important option on the table. Theft is not among the offenses excluded from eligibility, so a judge can offer it.7State of Texas. Texas Code of Criminal Procedure 42A.102 – Placement on Deferred Adjudication Community Supervision

You plead guilty or no contest, but the judge does not enter a finding of guilt. Instead, you go on community supervision for a set period with conditions such as paying fees, completing community service, and staying out of trouble. If you finish successfully, the judge dismisses the case and discharges you.8State of Texas. Texas Code of Criminal Procedure 42A.111 – Discharge and Dismissal That dismissal is not treated as a conviction for most legal purposes. The arrest and the deferred adjudication still show up on your record, though, until you take the next step.

Sealing the Record Afterward

An order of nondisclosure prevents public entities from releasing your criminal history to the general public, including most employers and landlords. Law enforcement and certain government agencies can still see it.9Texas Office of Court Administration. Overview of Orders of Nondisclosure

There are two routes. The first is an automatic order under Government Code Section 411.072. If you completed deferred adjudication for a qualifying misdemeanor, were a first-time offender, served at least 180 days on supervision, and stayed clean, the court issues the order without a petition. Misdemeanor theft qualifies.10Texas Office of Court Administration. Instructions for Order of Nondisclosure Under Section 411.072 The second is a petition under Government Code Section 411.0725. For misdemeanor theft, you can file as soon as the court dismisses your deferred adjudication, and the court decides whether sealing is in the best interest of justice.11State of Texas. Texas Government Code 411.0725

Once sealed, you can legally deny the offense on most job applications. The record stays visible to courts, law enforcement, and certain licensing bodies, and it reappears in the system if you’re arrested again.

If You Are Not a U.S. Citizen

Even a misdemeanor theft conviction can create serious immigration problems. Theft is generally classified as a crime involving moral turpitude, which can make a noncitizen inadmissible or deportable.

Federal law includes a narrow “petty offense exception.” To qualify, the maximum possible sentence for the offense must be one year or less, and any actual sentence imposed must be six months or less.12Office of the Law Revision Counsel. 8 U.S. Code 1182 – Inadmissible Aliens A Class C misdemeanor theft fits comfortably within the exception. A Class B can qualify if the sentence stays at six months or under. A Class A sits at the one-year boundary, and whether it qualifies depends on how immigration authorities read that limit. The exception only covers a single offense; a second crime involving moral turpitude takes it off the table.

Immigration authorities sometimes treat deferred adjudication as a conviction, so anyone who is not a U.S. citizen should talk with an immigration attorney before accepting any plea offer, including deferred adjudication.