Article 12.01 Felonies. Texas Code of Criminal Procedure

Texas Code of Criminal Procedure Article 12.01 Felonies

Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained; or

(C) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;

(2) ten years from the date of the commission of the offense:

(A) theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government property over which he exercises control in his official capacity;

(C) forgery or the uttering, using or passing of forged instruments;

(D) injury to a child, elderly individual, or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;

(E) sexual assault, except as provided by Subdivision (1) or (5); or

(F) arson;

(3) seven years from the date of the commission of the offense:

(A) misapplication of fiduciary property or property of a financial institution;

(B) securing execution of document by deception; or

(C) a violation under Sections 162.403(22)-(39), Tax Code;

(4) five years from the date of the commission of the offense:

(A) theft, burglary, robbery;

(B) kidnapping;

(C) injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code;

(D) abandoning or endangering a child; or

(E) insurance fraud;

(5) ten years from the 18th birthday of the victim of the offense:

(A) indecency with a child under Section 21.11(a)(1) or (2), Penal Code; or

(B) except as provided by Subdivision (1), sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code; or

(6) three years from the date of the commission of the offense: all other felonies.

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Comments (39) Read through and enter the discussion with the form at the end
Paul Roberge - November 4, 2007 3:54 AM

Hello!
I am one of those people who you wrote about that was not fully informed of what deferred adjudication was all about, and it is affecting me currently in my profession. I am a security contractor working in Afghanistan and am trying to get my Secret clearance from the state department. I had been released from deferred adjudication in Feb. 06 and my case dismissed. However, it obviously shows up on the background check. The only way I can get my clearance is if I have it expunged. I believe in the state of texas for a state felony arrest it is 10 years from the date of dismissal that I can have it expunged. Is this correct, or is there anything else I can do? Is there anything that can be done to speed up the process as I am working for the government and it is affecting my work....say as the interest of the government. Any of your help will be appreciated. Thanks, Paul

lawyer - March 15, 2008 4:46 PM

If you are convicted of a crime do the statue of limitations still apply?

alex Lee - April 9, 2008 1:51 PM

Hello,
In 2002 I was arrested in Texas for a felony, poss of marijuana. A few months later I was arrested in California, and sent to state prison, which violated my deferred adjudication in Texas. To my understanding the state of Texas had the oppertunity to extradite me, but failed to do so, yet an arrest warrent still stands. Is there a statute of limitations that will help me? I no longer use drugs, they are a thing of my past, my youth. Is there forgivnes for me?

"John Graham" - April 12, 2008 2:43 PM

I was arrested and charged with "Sexual Assault of a Child" in 2002 in Mt. Pleasant, Texas. I was 19 and my girlfriend was 16. I was released on bond and becuase I was in the milirtary I was informed by my bondsman that I did not need to do the "weekly check-in". I went to Iraq in 2003-2004. I have not heard anything from my bondsman or from the Mt. Pleasant Police or Court. Because the charges were filed, do I still fall under the Statute of Limitations? If not, what should I do about my bond? If the charges have not been dropped, I don't want to call attention to the fact that nothing has been pursued; but I also don't want to have a warrant issued for me. I have been stopped by the police in a neighboring county for a minor traffic violation in 2005 (speeding) and there was no mention of a warrant. I have done a web search of Texas State Warrant archives and have not found myself on the database. What is my best course of action? How can I find out if the charges are still pending or if they have been dropped? How should I go about resolving this issue?
Thank you,
-"John"

tom - May 26, 2008 12:05 PM

hi, i'm wondering if i can get some help here. this site is very helpful. thank you. my wife was taken into custody by the shelby county sheriff dept in memphis tn for a misdemeanor probation violation in dallas county tx that was dated back to 1987. this is may 26, 2008. dallas says they will extradite and she has been sitting in jail now for 5 days waiting. from what i read on your site, am i correct in understanding that the statute of limitations has passed?

luis - July 21, 2008 7:21 PM

i Live in the dallas tx,,, june 98 i was sent to pirson for drug issues, I have been clean since 98,,,no paper done everything, If i broke the law in another county in 98 after ten years could they file charges on me now after ten years.
thanks..

Michelle - September 8, 2008 2:12 PM

My dad sexually assaulted me when I was young. It started when I was in the sisth grade and ended when I moved out at about age 16. I am 36 now. Since this happened in Texas, is there nothing that can be done??? People who do this should pay. I have a daughter and now am about to have a grand-daughter. I don't EVER want them to go through what I went through!!!

Bobbie Saunders - September 15, 2008 12:16 PM

Hi, My husband was accused of sexual assalt of a child,there was no physical evidence taken and is classified as a Felony 1. What is the statued of limitations?

lori - November 16, 2008 11:46 AM

I was arrested in Nov. 2005 for felony drug possession. I still have not been to court, when I look it up on the court records it says under cause number "no case number assigned " and under cause number it also has an o/v. I live in Texas and was wondering has the statue of limitations ran out on this case? I do not believe I was ever formally indicted and it shows my bond has been disposed. Do I have to worry about this coming back someday or am I done with it?

Ty - November 19, 2008 1:51 AM

Whats the Statue of limitaion for a felony marijuana(1/4oz)charge in the state of Texas

Jamie - November 19, 2008 10:08 AM

Ty:

Since it's not one of the listed offenses with a "special" statute of limitation, the answer is 3 years - just the regular default answer for felonies in Texas.

Lane - December 21, 2008 5:26 PM

Does the statute of limitations apply after one has been charged or indicted?

Rick - February 12, 2009 10:11 AM

I was arrested for Fleeing police (state felony) and possession under 2ozs on Jan.13, 2004 and have not been to court yet. Does the limitations run out even if there was an indictment?

dawn - February 19, 2009 8:22 AM

My husband recently was arrested for a dwi, this will be his 3rd, however his last was back in 94, I have not found a website or anything that states what the statue of limitations is. Do the other 2 fall off after so many years or what happens???

Robert - March 12, 2009 2:20 AM

I did a burgly to a home back in 1980, but they arrested my brother, he would not tell them it was me, but went to prison in texas, he wants me now to clear his name what will happen if i tell them it was me

Joe - May 6, 2009 1:30 PM

I was arrested for a DWI, 3rd offense in June of 2006, and still haven't gone to court, is there a Statute of limitations that can help me?? It is now fixen to be 3yrs and I have been told that it has been dropped to a misdemeaner, but still have not gone to court. Some help would be nice

Joe - July 15, 2009 5:48 PM

In July 2003 a friend informed me that an exemployer had sue me for theft, I turned myself in, paid a bond and since then I have not hear from them, nor the district attorney, or any body else, I know I did not do anythig wrong, in fact I never met this man in person, is there anything I can do to erase this from my record?

sam - October 1, 2009 10:21 AM

What is the statue of limination in Texas regarding vin changing and forge vehicle documents for sale?

sam - October 1, 2009 10:22 AM

What is the statue of limination in Texas regarding vin changing and forge vehicle documents for sale?

michelle - October 16, 2009 3:11 PM

My husband is in the county jail and i had wanted to know if they can keep him locked up without any proof of evidence that he committed the felony that he is being accused of?

Jessie - March 6, 2010 1:52 PM

What is the statute of limitations in Texas for child rape?

major - May 3, 2010 9:22 AM

what dates do you go by to start calculating the time on statues of limitation. the offense date?indictment date? filed date?

Angela - May 22, 2010 7:27 PM

What is the statue of limitations on a dwi case in the state of texas?

Brian L - June 15, 2010 11:41 PM

I was cited with a traffic offense in Conroe in Nov 07. I tried to be heard prior to leaving the country and to pay the fine. There were computer problems at the time and I was unable to get any info from the court prior to returning home to Canada. The court then convicted me in my absence and my case was never heard. Is there a statute on this and if so, what is it?

Francie - June 28, 2010 3:47 PM

My son 22 yrs. old was charged with a non violent breaking and entering and theft. Went to re-hab for 6 months did real well but was still on probation and the officer had asked him if he had used marajuana, and my son admited to doing it, his probation officer told him that the next time he came in that he was going to send him to prison for ten yrs. because he signed a contract. It scared him and he ran to mexico. My question is will he ever be able to come home, or is this something he will be haunted with the rest of his life, and when would he be able to come home, how long can this be held over him? I really need some answers my heart is breaking he has been gone since Oct..2009 and I don't even know if he is dead or alive, for I have had no contact, but if and when he does contact me I would like to give him some hope. I would like some sort of hope. He told me he would rather die than to go back to jail.

Thank you for any advice

sandra french - July 6, 2010 9:51 AM

My son was arrested with 35 lbs of marajuana in 03..which is 7 sevens years now.He got out on bond and never returned..Is there a statue of limitations on his charge?

Steven - August 9, 2010 5:30 PM

This past weekend I was pulled over in Waco, Tx for failure to stop at a insection. Officer ask for DL and Proof of Insurance. He came back and asked me to exit the vehicle and to put my hands behind my back. I obey to his reqeust and was told I had a warrant for my arrest. The next day, I was told the charge was for theft out of Dallas County. What was strange about the warrant from what I was told, is it's "incomplete", and was over 10 years and 4 months old. It only stated for theft under or about 1500 dollars, nothing other information what so ever. I am seeking an attorney at this tme. But my father asked if the status of limition run out on this?
I'm not sure, but even the judge who set bail that warrent appear to problems being incomplete. Please assist if you can.
Thank you,
Steven

Eric Robinson - October 1, 2010 4:57 AM

Does crimes classified under Family Violence" have statue of limitations? if so what do the classify under??

derek - February 28, 2011 1:17 PM

i was wanting to know if you were indicted on a charge is there a statue of limitations on the charge? It was a state jail felony that i failed to appear in court. The offence happened 2yrs ago. I know that if you're not indicted within 3yrs they cant charge you. I just need to know if they have will the charge ever go away. Thanks

lee boone - April 25, 2011 11:59 AM

I plea bargained to theft,received 3yrs probation and TBD was put in restitution. Now 4 months later they said it is 4500.00 restitution. It was junk metal I took. can I and How do I dispute the amount.Probation stated I had to sign paper agreeing to pay or face revocation,is this true. Please help!!

lee boone - April 25, 2011 12:00 PM

I plea bargained to theft,received 3yrs probation and TBD was put in restitution. Now 4 months later they said it is 4500.00 restitution. It was junk metal I took. can I and How do I dispute the amount.Probation stated I had to sign paper agreeing to pay or face revocation,is this true. Please help!!

lee boone - April 25, 2011 12:01 PM

I plea bargained to theft,received 3yrs probation and TBD was put in restitution. Now 4 months later they said it is 4500.00 restitution. It was junk metal I took. can I and How do I dispute the amount.Probation stated I had to sign paper agreeing to pay or face revocation,is this true. Please help!!

lee boone - April 25, 2011 12:02 PM

I plea bargained to theft,received 3yrs probation and TBD was put in restitution. Now 4 months later they said it is 4500.00 restitution. It was junk metal I took. can I and How do I dispute the amount.Probation stated I had to sign paper agreeing to pay or face revocation,is this true. Please help!!

lee boone - April 25, 2011 12:05 PM

I plea bargained to theft,received 3yrs probation and TBD was put in restitution. Now 4 months later they said it is 4500.00 restitution. It was junk metal I took. can I and How do I dispute the amount.Probation stated I had to sign paper agreeing to pay or face revocation,is this true. Please help!!

Eduardo - November 5, 2011 3:19 PM

I have a felony conviction of drug possession in 1996 in the state of Florida. O didn't do any time, instead I received probation and went to rehab. I completed all my requirements without a hitch. Now, my question. Is there a statute of limitation that requires me not to have to expose my felony when filling out a job apparently. What are my rights regarding legal info I have to voluntarily expose to possible employees? Thanks for your time and help. Eduardo.

Brandon ash - February 9, 2012 8:40 AM

I had my bank account frozen in March of 2006. The Harris County District Attorney's Office arrested and indicted an individual who I wrote a check to, but had no business relationship to whatsoever. The individual ended receiving 10 years prison time for his crimes. Because I would not speak with the DA's office, they would not take the freeze off of my account. I have tried repeatedly speaking with the Assistant DA handling my case, but to no avail. He has verbally said to me that because I did not come and speak with him, he is not releasing the hold. Can he do this? What are my options? What are the statute of limitations on something like this?

Brenda - April 14, 2012 9:11 AM

I have a question regarding the questions on employment applications. If someone was convicted and served time on felony drug charges back in 1974 - and no other infractions of the law have since been made do you have to after almost 40 years report it on an application if it doesnt show up on a criminal back ground check? a friend of mine is required to by a licensing board but it is impeding him from postions that are applied for

kris - December 17, 2012 8:22 PM

What is the statue of limitations on felony agg. assault charge?

Ms.Jones - January 10, 2013 12:59 AM

Ive been out on a PR bond in the state of Texas for 2yrs now on a 2nd degree felony drug charge. How long does the state of Texas have to indict me on these charges?

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