Managing Attorney
Being charged with theft in Texas can have serious and far-reaching consequences. A conviction doesn’t just carry the risk of jail time and fines—it can also affect your employment, housing, education, and even your basic civil rights. Understanding what’s at stake is critical for anyone facing theft charges, especially in 2025 when digital background checks and employer screening are more common than ever.
Jose Ceja, a Board-Certified criminal defense attorney and former prosecutor, has successfully represented hundreds of clients facing theft charges across Houston and the surrounding areas. At Ceja Law Firm, he is committed to helping individuals protect their future and keep their records clean when possible. This article will provide an overview of Texas theft law, the possible penalties, the collateral consequences of a conviction, and how you may be able to keep a theft charge off your record.
What Is Theft Under Texas Law?
Under the Texas Penal Code, theft is defined as the unlawful appropriation of property with the intent to deprive the owner of that property. This definition is found in Texas Penal Code § 31.03, which encompasses a wide range of behavior—from shoplifting to embezzlement to stealing a vehicle.
A common form of theft is shoplifting, which refers to stealing merchandise from a retail store. Despite often being perceived as a “minor” offense, shoplifting is prosecuted aggressively in Texas and can result in criminal charges that follow a person for years.
Penalties for Theft in Texas
The punishment for a theft offense in Texas depends primarily on the value of the property or service allegedly stolen. The law also enhances penalties in certain situations, such as when the defendant has prior theft convictions or the property stolen was a firearm or taken from an elderly individual.
Here is a breakdown of theft offense levels and their penalties:
- Class C Misdemeanor: Theft of property valued under $100. Punishable by a fine of up to $500 (no jail time).
- Class B Misdemeanor: Theft of property valued between $100 and $750. Punishable by up to 180 days in jail and a fine of up to $2,000.
- Class A Misdemeanor: Theft of property valued between $750 and $2,500. Punishable by up to 1 year in jail and a fine of up to $4,000.
- State Jail Felony: Theft of property valued between $2,500 and $30,000. Punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000.
- Third-Degree Felony: Theft of property valued between $30,000 and $150,000. Punishable by 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony: Theft of property valued between $150,000 and $300,000. Punishable by 2 to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony: Theft of property valued at $300,000 or more. Punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
In some cases, theft offenses may also be elevated based on the type of property stolen, the identity of the victim, or the defendant’s prior record. For example, stealing a firearm or property from a nonprofit organization can lead to enhanced charges.
Collateral Consequences of a Theft Conviction
The legal penalties for theft are only part of the picture. A theft conviction—whether for shoplifting or a felony theft offense—can create long-term barriers to employment, education, and housing. These are known as collateral consequences, and they can often be more damaging than the criminal sentence itself.
Employment Consequences
Employers routinely conduct background checks, and a conviction for a crime of dishonesty like theft can be disqualifying—even for low-level positions. Many companies have policies against hiring individuals with theft convictions, especially for jobs involving money, inventory, or access to personal information.
Professional Licensing
Many careers require state or professional licenses, and a theft conviction can make it difficult—or even impossible—to obtain one. This includes licenses for nurses, teachers, security guards, real estate agents, and even some contractors. In some cases, a conviction can result in a suspension or revocation of an existing license.
Housing Challenges
In the Houston area, landlords frequently use criminal background checks to screen tenants. A theft conviction may make it difficult to obtain housing, especially in competitive rental markets. Applicants with recent convictions often find themselves rejected or forced to settle for substandard options.
Educational and Financial Aid Barriers
Colleges and universities may deny admission to applicants with criminal records, particularly for crimes of dishonesty. In addition, some theft convictions—especially felony offenses—can impact eligibility for federal student loans and grants, making it harder to pursue higher education.
Immigration Consequences
For non-citizens, theft is considered a crime involving moral turpitude. A conviction can affect immigration status, delay naturalization, or even lead to removal proceedings. These consequences apply even in misdemeanor cases.
How to Keep a Theft Charge Off Your Record
Fortunately, not every theft charge ends in a permanent conviction. There are ways to protect your record and minimize long-term consequences, especially if you are a first-time offender.
Deferred Adjudication & Non-Disclosure
In many Texas counties, eligible defendants may be offered deferred adjudication, a form of probation where the judge withholds a finding of guilt. If you successfully complete the terms of supervision, you are not formally convicted.
Once the waiting period has passed, you may be eligible to petition for an order of non-disclosure, which seals the record from public view. While law enforcement and licensing agencies may still see the record, most private employers and background checks will not.
Expunction
If your theft charge is dismissed or you are found not guilty at trial, you may qualify for an expunction of a theft charge. This is the most powerful form of relief available—it permanently deletes the record of your arrest and charges. Once expunged, you are legally allowed to deny the existence of the offense in most circumstances, including on job and housing applications.
Each form of relief—non-disclosure and expunction—has specific eligibility requirements, waiting periods, and procedural rules. Speaking with an experienced criminal defense attorney is the best way to determine whether you qualify and to guide you through the process.
Final Thoughts
Theft charges are serious and should never be taken lightly. Even a misdemeanor conviction can affect your life for years, limiting your career options, housing stability, and personal reputation. But with the right legal strategy and representation, it is often possible to avoid the worst outcomes—and in many cases, to keep the charge off your record entirely.
As a Board-Certified criminal defense lawyer and former prosecutor, Jose Ceja understands how to fight theft charges and protect your future. If you are facing a theft allegation in Houston or surrounding areas, contact Ceja Law Firm to discuss your options and take the first step toward protecting your name and your future.
