Lubbock County Offense Guide
Expunging Criminal Trespass in Lubbock County
How a criminal trespass charge gets erased through the Lubbock 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 Lubbock County
Lubbock County expunctions are filed in the district courts at the courthouse in downtown Lubbock, the legal hub of the South Plains.
Records typically involve the Lubbock Police Department, the county Sheriff's Office, Texas Tech University Police for campus-area cases, the clerks, and DPS.
Local practice notes
As a university town, Lubbock generates high volumes of student-age cases — MIP, public intoxication, small possession, fake-ID variants — most resolved with deferrals or dismissals that become quick expunctions, often pursued years later when careers begin. Many of our Lubbock clients graduated long ago and handle everything remotely. The district courts here move faster than metro-county dockets.
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 got an MIP at Texas Tech ten years ago. Is it still on my record?
If it was never expunged, yes — records don't age off. The good news: alcohol offenses from your minor years are among the simplest records to clear, and you likely qualified long ago.
Can campus police records be expunged too?
Yes — university police departments are records-holding agencies like any other, and the expunction order reaches them when they're properly named in the petition.
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.
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