Collin County Offense Guide
Expunging Resisting Arrest in Collin County
How a resisting arrest charge gets erased through the McKinney courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 38.03
Offense level
Class A misdemeanor (felony if a weapon is used)
About the charge
Resisting arrest — using force against an officer making an arrest or search — is a Class A misdemeanor. Unlike evading, it requires force, and it's frequently charged in chaotic arrest situations where what counts as 'force' versus reflexive movement is genuinely disputed.
These cases often travel with other charges and get dismissed when the underlying arrest was questionable or when video evidence tells a different story than the report.
Where your case gets cleared in Collin County
Collin County expunctions are filed in the district courts at the county courthouse in McKinney. Felonies are heard in the district courts; misdemeanors in the County Courts at Law, serving Plano, Frisco, McKinney, Allen, and the county's fast-growing suburbs.
Arrest records here typically involve Plano, Frisco, McKinney, or Allen police departments alongside the Sheriff's Office, clerks, and DPS.
Local practice notes
Collin County prosecutes comparatively aggressively, and its courts expect strict statutory compliance in expunction petitions — this is not a county where a thin petition slides through. That said, first-offender resolutions and pretrial diversion outcomes that end in dismissal are regularly expunged. With the county's white-collar workforce, we see many clients here clearing decade-old records ahead of promotions, licensures, and financial-industry background checks.
Can a resisting arrest 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, no-billed, or acquitted resisting charge is expungable under the standard rules — one-year waiting period for uncharged Class A arrests, or after limitations for dismissals. When resisting was dismissed but a companion charge from the same arrest resulted in conviction, the arrest generally can't be expunged — a distinction we sort out by pulling the complete case records.
If expunction isn't available: sealing
Completed deferred adjudication for resisting arrest can typically be sealed with a nondisclosure order after the two-year waiting period. Learn how orders of nondisclosure work →
Why clearing this record matters
Like evading, resisting is a charge employers read as a character verdict — confrontational, defiant, risky to hire. It surfaces in security-clearance reviews and licensing applications with outsized effect. For a charge this often dismissed, an alarming number of people carry the arrest record for decades without knowing it's erasable.
Common questions
The resisting charge was dropped but I was convicted of the underlying offense. Can I expunge the resisting arrest?
Generally no — expunction operates on the whole arrest, so a conviction arising from that arrest usually blocks it. Sealing options for the conviction may exist instead; we review the full record to map what's possible.
Body camera footage got my resisting case dismissed. When can I file?
For a dismissed Class A charge, generally once the two-year misdemeanor limitations period runs — or earlier if the dismissal reflects lack of probable cause, which video-driven dismissals often do.
Is resisting arrest a crime of violence for background check purposes?
Screeners commonly categorize it with violent or officer-related offenses, which is exactly why clearing an eligible record matters.
Is it harder to win an expunction in Collin County?
The eligibility rules are the same statewide, but Collin County reviews petitions rigorously — accuracy in dates, agencies, and statutory grounds matters. A properly drafted petition for an eligible case succeeds here like anywhere else.
I work in finance in Plano. Will an expunction clear my FINRA background check?
Expunction erases the Texas records that feed most checks. Industry-specific disclosure rules (like FINRA's) have their own definitions, which we'll review against 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 resisting arrest charge in Collin County
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