Travis County Offense Guide
Expunging Criminal Trespass in Travis County
How a criminal trespass charge gets erased through the Austin 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 Travis County
Travis County expunctions are filed in the district courts in downtown Austin, with criminal matters centered at the Blackwell-Thurman Criminal Justice Center. Felonies run through the district courts and misdemeanors through the County Courts at Law, with the County Attorney prosecuting most misdemeanors.
Austin-area records typically involve the Austin Police Department, the Travis County Sheriff's Office, UT and other university police departments for campus-area arrests, and DPS — a mix that makes a complete agency list especially important in this county.
Local practice notes
Travis County prosecutors have for years declined most low-level marijuana possession cases, and Austin voters codified non-enforcement policies for small amounts — which means Travis County holds an unusually large pool of declined and dismissed cases that qualify for expunction. The county's courts also see heavy volumes of student-related Class C offenses (MIP, public intoxication) that are quick, inexpensive expunctions.
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.
Austin stopped enforcing low-level marijuana laws. Is my old arrest gone?
No — policy changes don't erase existing records. Your old arrest or dismissed case remains public until a court orders it expunged, and it likely qualifies.
I got an MIP near UT campus years ago. How hard is that to clear?
Usually one of the easiest: alcohol offenses committed as a minor have a dedicated expunction route once you turn 21, and dismissed or deferred Class C citations clear quickly.
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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