Your Situation
Resisting Arrest Deferred Adjudication — Background Checks & Sealing
You did everything the court asked and the case was dismissed — yet the resisting arrest deferred adjudication still shows on background checks. That's not a mistake; it's how Texas law works. The fix isn't expunction — it's an order of nondisclosure, and most people qualify.
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Statute
Tex. Penal Code § 38.03
Offense level
Class A misdemeanor (felony if a weapon is used)
What deferred adjudication for a resisting arrest charge looks like on a check
The record shows the arrest, the charge under Tex. Penal Code § 38.03, and a deferred-adjudication disposition — which many screeners and employers read as an admission, because entering deferred adjudication typically involved a plea. Until sealed, it reports like any other case.
Sealing: how and when
Completed deferred adjudication for resisting arrest can typically be sealed with a nondisclosure order after the two-year waiting period.
An order of nondisclosure cuts off employers, landlords, and background vendors; law enforcement and certain licensing agencies retain access. For most people, that's the difference that matters — the commercial checks that decide jobs and housing come back clean.
If any companion charge from the same arrest was dismissed outright, it may qualify for full expunction alongside the sealing — multi-remedy records are our daily work.
Common questions
Does completed deferred adjudication for a resisting arrest charge count as a conviction?
Legally it is not a conviction for most purposes — but it looks like one on background checks until sealed, and some contexts (immigration, certain licenses) treat it distinctly. Sealing addresses what the private world sees.
When can I seal my resisting arrest deferred adjudication?
Many misdemeanors qualify immediately upon discharge and dismissal; some categories wait two years; felony deferreds generally wait five. We compute your date from your discharge paperwork, free.
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.
Get your situation confirmed — free
One short conversation and a records pull tells you exactly what clears, what seals, and what it costs.