Austin Offense Guide
Expunging Minor in Possession (Alcohol) in Austin
How a minor in possession charge from Austin gets erased through the Travis County courts — eligibility, local practice, and why it's worth doing now.
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Statute
Tex. Alco. Bev. Code § 106.05
Offense level
Class C misdemeanor (fine only)
About the charge
A minor in possession (MIP) citation is issued when someone under 21 possesses or consumes alcohol. It's a Class C misdemeanor, common around campuses, concerts, and traffic stops, and often accompanied by license consequences and mandatory alcohol awareness classes.
Texas built a specific second chance into the law for underage alcohol offenses, recognizing that an 18-year-old's citation shouldn't shadow a 30-year-old's career.
Where your Austin case gets cleared
A Austin arrest for a minor in possession charge is cleared through the courts of the county of arrest — for most of Austin, Travis County (with parts of the city in Williamson County, Hays County).
Travis County expunctions are filed in the district courts in downtown Austin, with criminal matters centered at the Blackwell-Thurman Criminal Justice Center. Felonies run through the district courts and misdemeanors through the County Courts at Law, with the County Attorney prosecuting most misdemeanors.
Austin-area records typically involve the Austin Police Department, the Travis County Sheriff's Office, UT and other university police departments for campus-area arrests, and DPS — a mix that makes a complete agency list especially important in this county.
Local practice notes
Travis County prosecutors have for years declined most low-level marijuana possession cases, and Austin voters codified non-enforcement policies for small amounts — which means Travis County holds an unusually large pool of declined and dismissed cases that qualify for expunction. The county's courts also see heavy volumes of student-related Class C offenses (MIP, public intoxication) that are quick, inexpensive expunctions.
Can a minor in possession charge be expunged?
Like nearly every Texas offense, eligibility turns on how the case ended. An arrest for this charge is generally expungable under Chapter 55A of the Code of Criminal Procedure if:
- The charge was dismissed and the applicable waiting or limitations period has passed
- You were acquitted at trial
- A grand jury declined to indict (felony no-bill)
- You were arrested but never charged, once the waiting period runs
- You completed a Class C deferred disposition and the charge was dismissed
MIP has its own dedicated expunction statute: once you turn 21, an alcohol-related offense committed as a minor can be expunged if you have only one such conviction — a simpler, cheaper procedure than a standard expunction. Dismissed or deferred-and-dismissed MIP citations are expungable on the normal Class C track as well, with the short 180-day waiting period.
If expunction isn't available: sealing
Rarely needed here — the Alcoholic Beverage Code expunction route covers even convictions, which is unusual and generous compared to the rest of Texas law. Learn how orders of nondisclosure work →
Why clearing this record matters
An MIP is often someone's only record — and it surfaces at exactly the wrong moments: internship screenings, first professional job applications, graduate school. Because the statute practically invites you to erase it at 21, leaving an MIP on your record is almost always an oversight. This is the easiest meaningful cleanup in Texas criminal records law.
Common questions
I just turned 21. Can I really erase my MIP conviction?
Very likely yes — the Alcoholic Beverage Code allows expunction of a single alcohol-related offense committed as a minor once you turn 21. It's one of the few Texas expunctions that reaches an actual conviction.
I had two alcohol citations as a minor. Am I out of luck?
The under-21 statute requires that you have only one conviction — but dismissed or deferred-and-dismissed citations may still be expungable through the standard process. We'd review both records to map the path.
Does an MIP affect my driver's license?
MIP citations can carry license suspensions for minors. Those administrative consequences end on their own, but the criminal record itself persists until expunged.
County guide
Minor in Possession (Alcohol) in Travis County →
Statewide guide
Minor in Possession (Alcohol) expunction in Texas →
Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.
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