Offense Guide
What can be expunged in Texas?
Almost any Texas arrest can be expunged if the case ended the right way — dismissed, acquitted, no-billed, or never charged. Find your charge below for a plain-English guide to how it's erased, the waiting periods that apply, and why clearing it matters.
The rule that surprises everyone
Texas expunction law doesn't keep a list of “expungable offenses.” With narrow exceptions, eligibility turns on how your case ended, not what you were charged with. A dismissed felony drug charge can be erased; a Class C ticket you paid cannot. That's why the offense guides below focus on how each type of charge typically ends — and the specific waiting periods, statutes, and traps that apply to each.
Charges we clear
Marijuana Possession
Tex. Health & Safety Code § 481.121
Possession of marijuana remains a crime in Texas: up to two ounces is a Class B misdemeanor punishable by up to 180 days in jail, two to four ounces is a Class A misdemeanor, and larger amounts are felonies. Despite changing attitudes nationally, a Texas marijuana arrest still creates a permanent public record.
How to expunge it →Drug Possession
Tex. Health & Safety Code §§ 481.115–.118
Possession of a controlled substance covers drugs like cocaine, methamphetamine, heroin, and unauthorized prescription medications, with the charge level set by the penalty group and amount. Even trace amounts of a Penalty Group 1 substance are a state jail felony in Texas.
How to expunge it →Drug Paraphernalia
Tex. Health & Safety Code § 481.125
Possession of drug paraphernalia — pipes, grinders, scales, baggies — is a Class C, fine-only misdemeanor in most cases. Because no jail time is involved, many people simply pay the fine and move on, not realizing they've just accepted a drug-related conviction onto their permanent record.
How to expunge it →DWI (Driving While Intoxicated)
Tex. Penal Code § 49.04
Driving while intoxicated is one of the most commonly charged offenses in Texas — a Class B misdemeanor for a first offense, Class A if your blood alcohol concentration was 0.15 or higher, and a felony for a third offense or with a child passenger.
How to expunge it →Public Intoxication
Tex. Penal Code § 49.02
Public intoxication is charged when someone in a public place is intoxicated to the degree they may endanger themselves or others. It's a Class C, fine-only misdemeanor — often issued outside bars, at festivals, or during traffic stops involving passengers.
How to expunge it →Theft & Shoplifting
Tex. Penal Code § 31.03
Texas grades theft by the value involved: under $100 is a Class C misdemeanor, $100–$750 a Class B, $750–$2,500 a Class A, and higher amounts are felonies. Shoplifting arrests — often young people, often first offenses — make up a large share of misdemeanor theft cases.
How to expunge it →Assault
Tex. Penal Code § 22.01
Texas assault ranges from offensive contact (Class C) to assault causing bodily injury (Class A) to aggravated and felony variants. Many assault arrests arise from mutual altercations, bar fights, or disputed accounts where the evidence is one person's word against another's.
How to expunge it →Assault — Family Violence
Tex. Penal Code § 22.01; Tex. Fam. Code § 71.004
Assault involving a family member, household member, or dating partner carries a 'family violence' designation that follows the case everywhere. These charges are filed aggressively — often on an officer's mandatory-arrest judgment call during a chaotic scene — and a large share are later dismissed when the full picture emerges.
How to expunge it →Criminal Trespass
Tex. Penal Code § 30.05
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.
How to expunge it →Disorderly Conduct
Tex. Penal Code § 42.01
Disorderly conduct is Texas's catch-all public order offense — unreasonable noise, abusive language, offensive gestures, fighting in public. Most variants are Class C, fine-only misdemeanors issued as citations during arguments, parties, and neighborhood disputes.
How to expunge it →Minor in Possession (Alcohol)
Tex. Alco. Bev. Code § 106.05
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.
How to expunge it →Unlawful Carrying of a Weapon
Tex. Penal Code § 46.02
Unlawful carrying of a weapon (UCW) was for decades one of the most common arrests in Texas — a handgun in the car without a license, a firearm carried where prohibited. It's generally a Class A misdemeanor.
How to expunge it →Evading Arrest or Detention
Tex. Penal Code § 38.04
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?
How to expunge it →Resisting Arrest
Tex. Penal Code § 38.03
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.
How to expunge it →Criminal Mischief
Tex. Penal Code § 28.03
Criminal mischief covers intentional damage to someone else's property — from graffiti and keyed cars to broken windows — graded by the dollar value of the damage. Under $100 is Class C; felonies begin at $2,500.
How to expunge it →Burglary of a Vehicle
Tex. Penal Code § 30.04
Burglary of a motor vehicle — breaking into or entering a vehicle with intent to commit theft or a felony — is a Class A misdemeanor for a first offense, despite the serious-sounding name. It's one of the most commonly charged property offenses in Texas cities.
How to expunge it →Looking for local guidance?
Expunctions are filed in the county where you were arrested, and every county has its own courts and practices. See our county-by-county expunction guides for Harris, Dallas, Tarrant, Bexar, Travis, and more.
Don't see your charge?
The same rules apply to nearly every offense in the Penal Code — if your case was dismissed, no-billed, acquitted, or never filed, it's very likely expungable. And if you completed deferred adjudication, an order of nondisclosure can usually seal it instead. The fastest way to a definitive answer is a free review of your actual record.
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