Bexar County Offense Guide
Expunging Criminal Trespass in Bexar County
How a criminal trespass charge gets erased through the San Antonio courts — eligibility, local filing practice, and why it's worth doing.
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 case gets cleared in Bexar County
Bexar County expunctions are filed in the district courts in downtown San Antonio, where criminal matters are centered at the Cadena-Reeves Justice Center. Felonies are heard in the criminal district courts and misdemeanors in the County Courts at Law.
San Antonio's principal records holders are SAPD and the Bexar County Sheriff's Office, alongside the district and county clerks, the DA's office, and DPS — plus suburban agencies for arrests outside the city.
Local practice notes
Bexar County has embraced cite-and-release for certain low-level offenses (including small-amount marijuana possession) and operates substantial pretrial diversion programming through the DA's office. Both paths routinely end without conviction, leaving records that qualify for expunction. San Antonio's military community is also worth noting: service members and veterans often need records cleared quickly for security clearance reviews, and we prioritize accordingly.
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.
I was cited and released in San Antonio and the case was later dismissed. Is there still a record?
Yes — cite-and-release avoids jail booking, but the charge still creates court and DPS records. The dismissal makes it a strong expunction candidate.
Can an expunction help my military security clearance?
An expunged arrest may lawfully be denied in most contexts, and clearing the public record helps. Clearance questionnaires have their own disclosure rules, which we'll walk through for your situation.
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.
Clear a criminal trespass charge in Bexar County
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