Wondering whether Texas can still charge you for something that happened years ago is a question that keeps people up at night. Maybe you got a letter from a detective about an old case. Maybe you found out an old bounced check or accusation is back in play. Or maybe you are the victim of something that happened a long time ago and you want to know if it is too late to press charges. The answer depends on the crime, the date it happened, and a handful of legal exceptions most people have never heard of. It is normal to feel anxious or unsure about where you stand.
At McCarty-Larson, PLLC, we understand how stressful this uncertainty can be. Our team handles criminal defense cases throughout Ellis County, Johnson County, Tarrant County, and Dallas County, and we walk clients through the statute of limitations rules every week. This guide covers exactly how long Texas has to charge you with a crime, the offenses that have no time limit at all, and the tolling rules that can pause the clock for years.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
The Short Answer
The statute of limitations on Texas crimes depends on the offense. Generally, most misdemeanors carry a 2-year limit, family violence misdemeanors carry 3 years, and most felonies carry 3 years as the default. However, serious felonies have longer windows of 5, 7, 10, or 20 years. Notably, murder, manslaughter, and most sexual offenses against children have no statute of limitations, and the state can charge them at any time.
What Is a Statute of Limitations in Texas Criminal Cases?
A statute of limitations is the deadline the state has to formally charge a person with a crime. Once the deadline passes, the prosecution loses the right to bring the case, and a defense attorney can move to dismiss any indictment the state files past the deadline. Chapter 12 of the Texas Code of Criminal Procedure contains the rules, with the bulk of the deadlines listed in Articles 12.01 and 12.02.
The clock typically starts running on the date of the offense. Then the state has to bring an indictment for a felony or an information for a misdemeanor before the clock runs out. If the state files charges after the deadline, the defense can raise the statute of limitations as a complete bar to prosecution, and the court must dismiss the case.
However, one important point catches many people off guard: the prosecution can still file charges after the deadline if no one challenges it. The defense has to raise the issue. Skipping the limitations defense waives it. For this reason, someone in this situation needs an attorney who knows to look at the dates immediately.
Texas Crimes With No Statute of Limitations
The state can charge some offenses at any time, no matter how many years have passed. Specifically, Article 12.01(1) lists the most serious offenses that have no time limit. As a result, the state can prosecute these crimes decades after they occurred, which is why cold case investigations regularly result in charges 20, 30, or 40 years after the offense.
Crimes with no statute of limitations in Texas include:
- Murder and manslaughter
- Capital murder
- Sexual assault and aggravated sexual assault of a child
- Continuous sexual abuse of a young child
- Indecency with a child
- Leaving the scene of a fatal accident
- Trafficking of persons under specific subsections
- Sexual assault of an adult when the lab preserves DNA evidence but cannot match it, or when probable cause connects the defendant to similar offenses against five or more victims
The Legislature reasoned that the seriousness of these offenses, combined with how often they get reported years after the fact, justifies leaving the door open indefinitely.
Felony Statute of Limitations Periods
Most felonies carry a specific time limit listed in Article 12.01. By default, any felony not specifically listed falls under a 3-year limitation under Article 12.01(7).
20 Years From the Victim’s 18th Birthday
Article 12.01(5) extends the limitations period to 20 years from the victim’s 18th birthday for several specific child-victim offenses. In other words, a defendant can face charges 20 years after the victim turns 18, which often pushes the deadline well past the 20th anniversary of the actual offense. Crimes in this tier include:
- Aggravated kidnapping with intent to commit sexual assault
- Burglary with intent to commit a child sexual offense
- Sexual performance by a child
- Compelling prostitution involving a minor victim
10-Year Limit
Article 12.01(2) sets a 10-year limitation for several serious felonies. For example:
- Theft, conversion, or misapplication of fiduciary property worth $300,000 or more
- Forgery or use of an instrument of forgery against the elderly
- Injury to a child, elderly person, or disabled person, when the victim was a child (the clock runs from the child’s 18th birthday)
- Bigamy
7-Year Limit
Article 12.01(3) sets a 7-year limit for many financial crimes. The Legislature recognized that financial crimes often stay hidden for years. Specifically, the 7-year tier covers:
- Misapplication of fiduciary property worth less than $300,000
- Securing execution of a document by deception
- False statements to obtain credit
- Money laundering
- Credit card or debit card abuse
- Fraudulent use of identifying information (identity theft)
- Most Medicaid fraud offenses
- Bank fraud
5-Year Limit
Similarly, Article 12.01(4) sets a 5-year limit for serious property and violence offenses including:
- Theft (most cases regardless of dollar amount)
- Robbery and aggravated robbery
- Burglary
- Kidnapping (non-aggravated)
- Arson
- Endangering or abandoning a child
- Insurance fraud
3-Year Limit (The Felony Default)
Under Article 12.01(7), any felony not specifically listed elsewhere in the statute carries a 3-year limitations period. This is the catch-all rule and applies to a wide range of common offenses including:
- Drug possession (most quantities and substances)
- Most assault charges that do not fall into another category
- Evading arrest
- Many property crimes not specifically listed in the higher tiers
Misdemeanor Statute of Limitations
Article 12.02(a) sets a 2-year limitation for nearly all misdemeanors. This includes Class A, Class B, and Class C misdemeanors. As a result, the state has 2 years from the date of the offense to file an information or, in Class C cases, a complaint.
However, one major exception sits in Article 12.02(b). Misdemeanors involving family violence carry a 3-year limit instead of 2 years. The Legislature added this provision to give victims more time to come forward in domestic violence situations where reporting often gets delayed by ongoing relationships, financial dependence, or fear of retaliation. Therefore, if the misdemeanor charge involves family violence, the prosecution has an extra year to file the case.
For broader context on how misdemeanor convictions affect employment and background checks, see our recent post on will I pass a background check with a misdemeanor in Texas.
Tolling: When the Clock Pauses
Article 12.05 lists the situations that pause the limitations clock. Importantly, tolling can extend the limitations period by months or years and catches many people off guard who assumed they were past the deadline.
Absent From the State
Any time the accused is outside Texas does not count against the limitations period. For example, someone who left Texas for 5 years after an offense and returned 8 years later may still face charges that would have expired if they had stayed in state.
Pending Indictment or Information
When the state files an indictment or information that later gets dismissed and refiled, Texas law excludes the time during which the original charge was pending from the limitations calculation. This rule keeps prosecutors from running out of time when a charging document has technical defects that require refiling.
DNA Testing Pending
For sexual assault cases, the limitations clock pauses while the lab analyzes biological evidence and investigators pursue a DNA match. The Legislature added this rule specifically to handle cold cases where DNA technology eventually identifies a suspect years after the original investigation closed.
Fraudulent Use of Another’s Identity
If the offense involved identity fraud or fraudulent use of another person’s identifying information, the clock does not start until the victim discovers the offense or could reasonably have discovered it. As a result, this rule prevents identity thieves from running out the limitations period through concealment.
Three Common Scenarios People Search This For
Most searches for “statute of limitations on Texas crimes” come from people in one of three specific situations.
Scenario 1: An Old Allegation Resurfaces
You hear from a detective or get an indictment in the mail for something that happened years ago. First, determine when the offense occurred and which limitations period applies. If the period has passed and no tolling provision applies, the court can dismiss the case before it goes anywhere. Otherwise, an attorney can build a defense based on stale evidence and faded witness memory.
Scenario 2: You Want to Press Charges on Something Old
You discovered a crime that happened years ago and want to know if the state can still prosecute. Generally, the answer depends on the offense and any applicable tolling. The state can charge some crimes decades later. On the other hand, others have already expired. Reporting the offense is the first step regardless, because the state ultimately decides whether to pursue charges.
Scenario 3: You Are Currently Charged and Want to Check the Dates
You have already been charged and want to know if the prosecution waited too long. Importantly, this is a defense your attorney must raise affirmatively. The motion to dismiss based on the statute of limitations must be filed before trial, or the defense waives it. A careful review of the alleged offense date, the indictment date, and any tolling that might apply often surfaces grounds to dismiss. For more on what triggers a court appearance and the deadlines that follow, see our post on what happens if you miss a court date in Texas.
Warrants Are Different From Statutes of Limitations
One of the most common misunderstandings about Texas criminal law is the relationship between warrants and statutes of limitations. However, they are not the same thing. A warrant does not expire. In contrast, a statute of limitations does. The two operate independently.
The state has to charge you within the limitations period, but once the prosecution files charges and the court issues a warrant, that warrant remains active until you address it. For example, someone can have a 20-year-old warrant on a misdemeanor charge that the state filed within the 2-year limitations window. The misdemeanor charge is still good. Likewise, the warrant is still active. Time alone does not fix either one. For a full breakdown of how warrants work, see our anchor post on how long warrants last in Texas.
How McCarty-Larson Can Help
Statute of limitations issues are technical and unforgiving. A missed deadline by the state can mean immediate dismissal. On the other hand, a missed defense by your attorney means waiver. Robin McCarty and Bria Larson have over 50 years of combined experience handling Texas criminal cases, and our team reviews the dates on every case the day it comes in.
- We review the alleged offense date and indictment date to identify limitations issues
- We check for tolling provisions that may pause or extend the clock
- We file motions to dismiss based on the statute of limitations before trial
- We use stale-evidence and faded-memory defenses on cases that fall just inside the window
- We advise victims of old crimes whether prosecution is still possible
- We protect clients with old warrants from arrest while we resolve the underlying charge
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Get a Statute of Limitations Review on Your Case
If a detective contacted you about an old offense, the state served you with an old indictment, or you are wondering whether the state can still bring a case against you, getting a quick review of the dates is the first protective step. Contact McCarty-Larson today at (972) 775-2100 for a free, confidential consultation. Our Texas criminal defense attorneys are ready to stand by you every step of the way.
Frequently Asked Questions About Texas Statutes of Limitations
What crimes in Texas have no statute of limitations?
The state can charge murder, manslaughter, capital murder, sexual assault and aggravated sexual assault of a child, continuous sexual abuse of a young child, indecency with a child, leaving the scene of a fatal accident, and certain trafficking offenses at any time. Specifically, Article 12.01(1) lists the complete category of crimes with no limit.
Can you be convicted of a crime after 20 years?
Yes, in some categories. For example, the state can prosecute crimes with no statute of limitations at any time, including 20 or even 40 years later. In addition, certain child-victim offenses extend the limitations period to 20 years from the victim’s 18th birthday under Article 12.01(5), which can mean prosecution decades after the offense.
What is the statute of limitations on misdemeanors in Texas?
Article 12.02(a) sets a 2-year limit for nearly all misdemeanors, including Class A, Class B, and Class C. However, the major exception is family violence misdemeanors, which carry a 3-year limit under Article 12.02(b). The state must file an information or complaint within these windows to prosecute.
More Common Questions About Texas Statutes of Limitations
What is the 7-year rule in Texas?
The phrase actually refers to two different rules people often confuse. First, Article 12.01(3) sets a 7-year statute of limitations for financial crimes such as money laundering, identity theft, credit card abuse, and bank fraud. Second, the Texas Business and Commerce Code’s 7-year rule limits how far back background check companies can report criminal history for applicants earning under $75,000.
Do I have to disclose a felony after 7 years in Texas?
The 7-year rule on background checks limits what employers see, but it does not erase the felony. Specifically, the conviction remains on your record permanently unless you obtain expunction or nondisclosure relief. In addition, some applications explicitly ask whether you have ever had a conviction, which requires disclosure regardless of the time elapsed.
Does leaving Texas pause the statute of limitations?
Yes. Article 12.05(a) excludes any time the accused spends outside Texas from the limitations calculation. For example, someone who left Texas for several years after an offense and later returned may still face charges that would have expired if they had stayed in state.