Are Class C Misdemeanors handled differently with regard to Expunctions?
Yes. The “no community supervision or deferred adjudication” requirement noted above does not apply. Hence, one arrested for public intoxication, minor in possession of alcohol or any other Class C misdemeanor may have the arrest expunged if she received “deferred disposition” (the Class C equivalent of deferred adjudication) for the alleged offense. Deferred disposition means a final conviction is not entered against the defendant while she completes a period in which she cannot repeat the offense (usually 90 days). Thereafter, the charge is dismissed, but the arrest remains on the defendant’s record unless it is expunged. The other requirements do apply, however, so the person must still wait until the statute of limitations has expired before applying for an expunction.
