Collin County Offense Guide
Expunging Criminal Trespass in Collin County
How a criminal trespass charge gets erased through the McKinney 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 Collin County
Collin County expunctions are filed in the district courts at the county courthouse in McKinney. Felonies are heard in the district courts; misdemeanors in the County Courts at Law, serving Plano, Frisco, McKinney, Allen, and the county's fast-growing suburbs.
Arrest records here typically involve Plano, Frisco, McKinney, or Allen police departments alongside the Sheriff's Office, clerks, and DPS.
Local practice notes
Collin County prosecutes comparatively aggressively, and its courts expect strict statutory compliance in expunction petitions — this is not a county where a thin petition slides through. That said, first-offender resolutions and pretrial diversion outcomes that end in dismissal are regularly expunged. With the county's white-collar workforce, we see many clients here clearing decade-old records ahead of promotions, licensures, and financial-industry background checks.
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.
Is it harder to win an expunction in Collin County?
The eligibility rules are the same statewide, but Collin County reviews petitions rigorously — accuracy in dates, agencies, and statutory grounds matters. A properly drafted petition for an eligible case succeeds here like anywhere else.
I work in finance in Plano. Will an expunction clear my FINRA background check?
Expunction erases the Texas records that feed most checks. Industry-specific disclosure rules (like FINRA's) have their own definitions, which we'll review against your situation.
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 criminal trespass charge in Collin County
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