Comal County Offense Guide
Expunging Assault in Comal County
How an assault charge gets erased through the New Braunfels courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 22.01
Offense level
Class C misdemeanor up to felony, by injury and circumstances
About the charge
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.
Because these cases so often rest on reluctant witnesses and conflicting stories, dismissal rates are high — charges get dropped when complainants stop cooperating, when self-defense is credible, or through deferred resolutions.
Where your case gets cleared in Comal County
Clearing a Comal County record starts with a petition in the district court that serves the county, filed at the courthouse in New Braunfels. Filing happens at the county seat regardless of where in the county the arrest occurred.
Records of a Comal County arrest live in several places at once — the Sheriff's Office, any city police department involved, the clerks' offices in New Braunfels, and DPS's statewide database — and the petition must list them all so the order clears each one.
Local practice notes
As one of the state's larger counties, Comal County runs a busy docket, and expunction settings take longer than in rural Texas — precise drafting avoids the resets that stretch timelines further. The Hill Country's tourism and hospitality economy draws weekend visitors by the thousands — and a share of them leave with citations or arrests that follow them home until cleared. Local employers in healthcare and education screen carefully as well.
Can an assault 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, no-billed, or acquitted assault charge is generally expungable on the standard timelines — 180 days for Class C, one year for Class A/B, three years for felonies (or when limitations run, for dismissals). Class C assaults resolved by deferred disposition can be expunged after dismissal. One critical caveat: if the case carried a family-violence allegation, extra care is needed — see our family violence page.
If expunction isn't available: sealing
Deferred adjudication for a non-family-violence assault can usually be sealed after a two-year wait. An assault with an affirmative family-violence finding can never be sealed — which makes expunction of dismissed family-violence cases all the more important. Learn how orders of nondisclosure work →
Why clearing this record matters
A violence-related record triggers heightened scrutiny everywhere: employers worry about workplace safety liability, landlords screen for it, licensing boards question it, and it can affect firearm rights and custody disputes. Erasing a dismissed assault arrest removes the most alarming-looking entry a background check can carry short of a felony conviction.
Common questions
The complainant dropped the charges. Can I expunge the arrest?
If the state dismissed the case, you're likely eligible once the limitations period or waiting period passes. 'Dropped charges' still leave an arrest record until expunged.
I claimed self-defense and was acquitted. What now?
An acquittal makes you eligible for expunction immediately — and if you petition within 30 days, the state generally bears the costs.
Does an expunged assault arrest affect my gun rights?
An expunged arrest is treated as though it never occurred, and you may lawfully deny it. Records that remain (like convictions) are a separate analysis — we review your full history to advise you.
Where is an expunction filed for a Comal County arrest?
In the district court serving Comal County, at the courthouse in New Braunfels. We prepare the petition, serve every records-holding agency, and handle the setting.
Do I need to travel to New Braunfels for my expunction?
Almost never — Comal County expunctions can nearly always be completed without you appearing, no matter where you live now.
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 an assault charge in Comal County
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