Midland Offense Guide
Expunging Criminal Trespass in Midland
How a criminal trespass charge from Midland gets erased through the Midland County courts — eligibility, local practice, and why it's worth doing now.
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Statute
Tex. Penal Code § 30.05
Offense level
Class B misdemeanor (Class A in some circumstances)
About the charge
Criminal trespass — entering or remaining on property after notice to leave — is a Class B misdemeanor in most cases, punishable by up to 180 days in jail. It's commonly charged in disputes with businesses, after warnings at apartment complexes, or in protest situations.
Many trespass cases hinge on whether adequate notice was given, and prosecutors frequently dismiss them or offer quick deferred resolutions, especially for first offenses.
Where your Midland case gets cleared
A Midland arrest for a criminal trespass charge is cleared through the courts of the county of arrest — for most of Midland, Midland County (with parts of the city in Martin County).
Expunction petitions for Midland County arrests are civil filings made in the district court that serves the county, at the courthouse in Midland. Whatever agency made the arrest, the petition is filed at the county seat — and it must account for every court and agency that touched the case.
Records of a Midland County arrest live in several places at once — the Sheriff's Office, any city police department involved, the clerks' offices in Midland, and DPS's statewide database — and the petition must list them all so the order clears each one.
Local practice notes
As one of the state's larger counties, Midland County runs a busy docket, and expunction settings take longer than in rural Texas — precise drafting avoids the resets that stretch timelines further. This is oil and gas country: Permian Basin operators and oilfield service companies screen every hire and every badge, so a cleared record has direct paycheck value in the region's best-paying work.
Can a criminal trespass 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
A dismissed or never-filed trespass charge becomes expungable after a one-year waiting period from arrest (or when limitations run for dismissed cases), and acquittals qualify immediately. Trespass cases resolved through pretrial diversion and dismissed are likewise strong candidates.
If expunction isn't available: sealing
Completed deferred adjudication for criminal trespass can generally be sealed with an order of nondisclosure after the standard waiting period. Learn how orders of nondisclosure work →
Why clearing this record matters
Trespass looks minor until a background check reads it alongside a rental application — property managers treat trespass records as a direct red flag. It also complicates jobs involving customer premises, deliveries, or field work. It's a small record with an outsized effect on housing, and typically a straightforward one to clear.
Common questions
How long after a dismissed trespass charge can I file for expunction?
Generally after the statute of limitations expires — two years for misdemeanors — though an earlier filing is possible when the dismissal reflects lack of probable cause or similar grounds.
Will a trespass record keep me from renting an apartment?
It can. Tenant-screening services flag trespass specifically because landlords read it as a property-related risk. Expunging it removes it from those reports.
I was arrested at a protest and charges were dropped. Can I clear it?
Yes — a dismissed or declined charge leaves an expungable arrest record. Protest-related trespass dismissals are routinely expunged.
County guide
Criminal Trespass in Midland County →
Statewide guide
Criminal Trespass 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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