Bexar County Offense Guide
Expunging Minor in Possession (Alcohol) in Bexar County
How a minor in possession charge gets erased through the San Antonio courts — eligibility, local filing practice, and why it's worth doing.
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 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 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.
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.
Statewide guide
Minor in Possession (Alcohol) expunction in Texas →
County guide
All Bexar County expunctions →
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 minor in possession charge in Bexar County
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