Harris County Offense Guide
Expunging Minor in Possession (Alcohol) in Harris County
How a minor in possession charge gets erased through the Houston 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 Harris County
Harris County is the largest criminal jurisdiction in Texas. Expunction petitions are civil filings made in the Harris County district courts in downtown Houston, with most criminal matters centered at the Harris County Criminal Justice Center. Felonies are prosecuted in the county's criminal district courts and misdemeanors in the County Criminal Courts at Law — and knowing which court handled the underlying case matters when assembling the expunction petition.
Because of Harris County's caseload, expunction hearings are typically set further out than in smaller counties, and agency response times run longer — there are simply more records-holding agencies in the Houston area to serve, from HPD and the Sheriff's Office to dozens of municipal departments.
Local practice notes
Harris County has operated a Misdemeanor Marijuana Diversion Program since 2017, under which many low-level possession cases are diverted and never filed — arrests and detentions handled that way are frequently expungable. The county has also worked through significant docket backlogs in recent years, which affects hearing timelines. We track the current settings practice in the district courts and build the petition's agency list for the full Houston-area law enforcement landscape.
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.
Where is an expunction filed in Harris County?
In a Harris County district court in downtown Houston. We prepare and file the petition, serve every agency holding records — HPD, the Harris County Sheriff's Office, DPS, and others — and handle the hearing.
How long does an expunction take in Harris County?
Typically several months from filing to signed order — Harris County's docket volume means settings run longer than in smaller counties. We'll give you a current estimate at your case review.
Statewide guide
Minor in Possession (Alcohol) expunction in Texas →
County guide
All Harris 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 Harris County
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