Your Situation
Dismissed Resisting Arrest in Texas — Is It Still on Your Record?
Here's the part nobody tells you at dismissal: the case ending doesn't make the record disappear. The arrest for a resisting arrest charge, the booking, and the court file all remain public — visible to employers and landlords — until a judge orders them expunged.
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Statute
Tex. Penal Code § 38.03
Offense level
Class A misdemeanor (felony if a weapon is used)
What a dismissed resisting arrest case looks like to a background check
A typical report shows the arrest date, the charge under Tex. Penal Code § 38.03, and a disposition of "dismissed" — and some stale databases show the charge with no disposition at all, letting the reader assume the worst. Either way, the word "resisting arrest" is in front of whoever is screening you.
The fix: expunction
A dismissed charge is generally expungable once the applicable waiting or limitations period has passed — and sooner when the dismissal reflects a lack of probable cause. After expunction, every agency destroys its records and you may lawfully deny the arrest in nearly all contexts.
A dismissed, no-billed, or acquitted resisting charge is expungable under the standard rules — one-year waiting period for uncharged Class A arrests, or after limitations for dismissals. When resisting was dismissed but a companion charge from the same arrest resulted in conviction, the arrest generally can't be expunged — a distinction we sort out by pulling the complete case records.
We calculate your exact eligibility timeline from your records — for free — and people are often eligible sooner than they assume.
Common questions
My resisting arrest case was dismissed — can employers still see it?
Yes, until it's expunged. Dismissal ends the prosecution, not the public record; background vendors routinely report dismissed cases with the original charge visible.
How long after dismissal can I expunge a resisting arrest charge?
Generally once the statute of limitations runs — two years for misdemeanors, three or more for felonies — and potentially sooner if the dismissal shows the charge lacked probable cause. We compute your exact date 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.
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