Comal County Offense Guide
Expunging Resisting Arrest in Comal County
How a resisting arrest charge gets erased through the New Braunfels 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 Comal County
Clearing a Comal County record starts with a petition in the district court that serves the county, filed at the courthouse in New Braunfels. Filing happens at the county seat regardless of where in the county the arrest occurred.
Records of a Comal County arrest live in several places at once — the Sheriff's Office, any city police department involved, the clerks' offices in New Braunfels, 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, Comal County runs a busy docket, and expunction settings take longer than in rural Texas — precise drafting avoids the resets that stretch timelines further. The Hill Country's tourism and hospitality economy draws weekend visitors by the thousands — and a share of them leave with citations or arrests that follow them home until cleared. Local employers in healthcare and education screen carefully as well.
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.
Where is an expunction filed for a Comal County arrest?
In the district court serving Comal County, at the courthouse in New Braunfels. We prepare the petition, serve every records-holding agency, and handle the setting.
Do I need to travel to New Braunfels for my expunction?
Almost never — Comal County expunctions can nearly always be completed without you appearing, no matter where you live now.
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 Comal County
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