How Could My Criminal History Affect My Current Case?

Your criminal history can affect your current case in Texas in two main ways: it can be used to enhance the penalties you face if convicted, and it can be introduced at trial to attack your credibility as a witness. Either scenario can significantly change the outcome of your case, which is why addressing your prior record early in any defense strategy matters.

How Prior Convictions Are Used for Enhancement

Texas law allows prosecutors to seek harsher sentences when a defendant has prior convictions. This is not limited to convictions for the same type of offense. Under the Texas Penal Code, a prior felony can elevate a new felony charge to a more severe punishment range and, in some cases, can trigger habitual offender status. 

Under Texas Penal Code Chapter 12, a defendant with two prior felony convictions, where the second conviction occurred after the first became final, who is charged with a new felony can be sentenced as a habitual offender, which imposes a punishment range of 25 to 99 years or life in prison, regardless of what the underlying offense would normally allow.

One of the clearest examples involves DWI charges. Under Texas Penal Code § 49.09, a first DWI offense is typically a Class B misdemeanor. If you have one prior DWI conviction on record, a new DWI charge is elevated to a Class A misdemeanor. A third DWI becomes a third-degree felony. There is no lookback period for DWI enhancements in Texas, meaning a conviction from decades ago can still be used to increase your exposure on a current charge.

When prior felonies are used to enhance a charge under Chapter 12, the applicable punishment range shifts upward entirely. A new second-degree felony, for example, can be punished as a first-degree felony if the defendant has one prior felony conviction, and a repeat offender designation can push a case well beyond what the base offense would otherwise allow.

When Your Prior Record Can Be Used at Trial

Even when prior convictions are not used for enhancement, they can come up during trial if you testify. Under Texas Rules of Evidence (TRE) Rule 609, evidence of a prior felony or a crime involving moral turpitude may be admitted to attack your credibility as a witness. For the conviction to be admitted, the court must find that its probative value outweighs its prejudicial effect on you as a party. The judge may consider this as part of an evidentiary hearing prior to trial, or may order any mention stricken from the record if it was improperly introduced before the jury.

There are limits to this. A conviction generally cannot be used for impeachment purposes if more than 10 years have passed since the conviction or release from confinement, whichever is later, though the court may still admit it if its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect. Convictions that resulted in a pardon, a finding of innocence, or satisfactorily completed probation may also be excluded.

The practical effect of Rule 609 is significant. If you have a prior record and are considering whether to testify on your own behalf, your attorney needs to know every conviction in your history to assess what the prosecution could put before the jury.

Other Ways Your History Can Matter

Outside of enhancement and impeachment, your criminal history can affect your case in other ways:

• Bail and bond conditions: Judges consider criminal history when setting bond amounts and conditions. A prior record, especially for the same or similar offenses, can lead to a higher bond or more restrictive release conditions.
• Plea negotiations: Prosecutors factor in your record when evaluating what offers to extend. A clean record often produces more favorable offers than a history of prior convictions.
• Sentencing discretion: Even when enhancement statutes do not apply, judges can consider your history as part of their sentencing evaluation within the applicable punishment range. They are more likely to impose a lighter sentence on a first-time offender.
• Collateral consequences: A pattern of prior convictions can affect professional licensing, housing eligibility, and other areas well beyond the courtroom.

What to Tell Your Attorney Before Your Case Goes Forward

The information you share with your attorney before any hearing or negotiation can shape the entire defense approach. Before your first meeting, gather what you can about:

• Any prior arrests, even those that did not result in a conviction
• Charges that were dismissed, deferred, or resolved through probation
• Convictions from other states, which Texas courts can still consider
• Juvenile adjudications, which are generally confidential but may surface in limited circumstances
• Any prior convictions currently under appeal, which cannot be used for impeachment while the appeal is pending

What You Can Do When Facing Criminal Charges with a Prior Record

If you have a prior record and are now facing new charges in Austin, the first step is making sure your criminal defense attorney has the full picture. Our team at Gunter, Bennett & Anthes, P.C. offers free consultations for people facing criminal charges in Austin. Call (512) 476-2494 or fill out our online contact form to speak with us.