McLennan County Offense Guide
Expunging Evading Arrest or Detention in McLennan County
How an evading arrest charge gets erased through the Waco courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 38.04
Offense level
Class A misdemeanor; state jail felony or higher with a vehicle
About the charge
Evading arrest — intentionally fleeing from someone you know is a peace officer — is a Class A misdemeanor on foot and a felony when a vehicle is involved. The charge turns on intent: did the person know they were being detained and deliberately flee?
That intent element makes these cases contestable. Confusion, fear, not hearing commands, or simply walking away before detention was clear all undermine the charge, and dismissals and reductions are common.
Where your case gets cleared in McLennan County
McLennan County expunctions are filed in the district courts at the courthouse in Waco, the hub of the I-35 corridor between Dallas and Austin.
Records commonly involve the Waco Police Department, the county Sheriff's Office, Baylor University Police for campus-area cases, the clerks, and DPS.
Local practice notes
Waco blends a university docket — Baylor-area MIP, PI, and small possession cases that resolve through deferrals and dismissals — with a regional workforce that screens for healthcare, education, and manufacturing employment. I-35 through McLennan County also produces a steady stream of traffic-stop possession arrests against travelers from across the state, who can clear eligible records here without returning to Waco.
Can an evading 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
Dismissed, no-billed, or acquitted evading charges follow the standard expunction rules — one-year waiting period for a never-charged misdemeanor arrest, three years for a felony, or after limitations for dismissed cases. Evading charges dismissed as part of a plea to another offense require a careful look at the plea papers, since a conviction arising from the same arrest can block expunction of that arrest.
If expunction isn't available: sealing
Deferred adjudication for misdemeanor evading can generally be sealed after two years; felony evading deferred adjudication after five. Learn how orders of nondisclosure work →
Why clearing this record matters
Evading reads as 'ran from the police' to every employer and licensing board that sees it — a character inference far worse than most misdemeanors carry. It's especially damaging for jobs requiring trust, security clearances, or driving. Erasing a dismissed evading arrest removes one of the most negatively-coded entries a record can hold.
Common questions
I didn't know the officer was trying to stop me and the case was dismissed. Can it be erased?
Yes — a dismissed evading charge leaves an expungable arrest record once the waiting or limitations period passes.
My evading charge was a felony because a car was involved, but it was no-billed. What's my timeline?
A grand jury no-bill makes the arrest expungable — for never-indicted felony arrests the general waiting period is three years from arrest, and dismissal-specific rules may allow earlier relief.
Does an evading record affect professional licenses?
Licensing boards treat flight from law enforcement as a character issue, so it draws questions in nursing, education, security, and commercial driving applications until cleared.
I was passing through on I-35 when I was arrested. Do I have to come back to Waco?
Filing happens in the county of arrest, but almost never requires your presence — we handle McLennan County expunctions for out-of-town clients start to finish.
Does Baylor see my expunged record?
An expunction order directs all records-holding agencies, including university police, to destroy their records — and afterward you may lawfully deny the arrest in most contexts.
Statewide guide
Evading Arrest or Detention expunction in Texas →
County guide
All McLennan 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 an evading arrest charge in McLennan County
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