Brazos County Offense Guide
Expunging Minor in Possession (Alcohol) in Brazos County
How a minor in possession charge gets erased through the Bryan courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Alco. Bev. Code § 106.05
Offense level
Class C misdemeanor (fine only)
About the charge
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.
Texas built a specific second chance into the law for underage alcohol offenses, recognizing that an 18-year-old's citation shouldn't shadow a 30-year-old's career.
Where your case gets cleared in Brazos County
An expunction of a Brazos County arrest is a civil case filed in the district court serving the county, heard at the courthouse in Bryan. The petition has to name each agency holding a piece of the record, from the arresting department to the clerks and the state.
The records themselves typically sit with the Brazos County Sheriff's Office, any municipal police department involved, the district and county clerks, the prosecutor's office, and the Texas Department of Public Safety in Austin — each of which must be named and served for the expunction order to reach it.
Local practice notes
As one of the state's larger counties, Brazos County runs a busy docket, and expunction settings take longer than in rural Texas — precise drafting avoids the resets that stretch timelines further. The county sits in Central Texas's growth corridor, where healthcare systems, school districts, and manufacturers screen records as a matter of course.
Can a minor in possession 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
MIP has its own dedicated expunction statute: once you turn 21, an alcohol-related offense committed as a minor can be expunged if you have only one such conviction — a simpler, cheaper procedure than a standard expunction. Dismissed or deferred-and-dismissed MIP citations are expungable on the normal Class C track as well, with the short 180-day waiting period.
If expunction isn't available: sealing
Rarely needed here — the Alcoholic Beverage Code expunction route covers even convictions, which is unusual and generous compared to the rest of Texas law. Learn how orders of nondisclosure work →
Why clearing this record matters
An MIP is often someone's only record — and it surfaces at exactly the wrong moments: internship screenings, first professional job applications, graduate school. Because the statute practically invites you to erase it at 21, leaving an MIP on your record is almost always an oversight. This is the easiest meaningful cleanup in Texas criminal records law.
Common questions
I just turned 21. Can I really erase my MIP conviction?
Very likely yes — the Alcoholic Beverage Code allows expunction of a single alcohol-related offense committed as a minor once you turn 21. It's one of the few Texas expunctions that reaches an actual conviction.
I had two alcohol citations as a minor. Am I out of luck?
The under-21 statute requires that you have only one conviction — but dismissed or deferred-and-dismissed citations may still be expungable through the standard process. We'd review both records to map the path.
Does an MIP affect my driver's license?
MIP citations can carry license suspensions for minors. Those administrative consequences end on their own, but the criminal record itself persists until expunged.
Will people in Bryan find out about my expunction?
Expunction is a civil proceeding, and once granted, the order requires agencies to destroy their records of the arrest — after which you may lawfully deny it in most situations. In a small community where records are easy to look up, that finality is exactly the point.
My Brazos County arrest was years ago. Is it too late to expunge it?
No — eligibility doesn't expire. Older arrests are often the simplest expunctions because every waiting period has long since run.
Statewide guide
Minor in Possession (Alcohol) expunction in Texas →
County guide
All Brazos 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 a minor in possession charge in Brazos County
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