Dallas County Offense Guide
Expunging Public Intoxication in Dallas County
How a public intoxication charge gets erased through the Dallas courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 49.02
Offense level
Class C misdemeanor (fine only)
About the charge
Public intoxication is charged when someone in a public place is intoxicated to the degree they may endanger themselves or others. It's a Class C, fine-only misdemeanor — often issued outside bars, at festivals, or during traffic stops involving passengers.
PI is a subjective, officer-discretion charge with no breathalyzer requirement, which is why so many of these cases are dismissed or deferred when actually contested.
Where your case gets cleared in Dallas County
Dallas County expunctions are filed in the county's district courts, with criminal matters centered at the Frank Crowley Courts Building west of downtown Dallas. Felonies run through the criminal district courts; misdemeanors through the County Criminal Courts.
Dallas County's records landscape includes the Dallas Police Department, the county Sheriff's Department, and a ring of suburban agencies — Garland, Irving, Mesquite, Grand Prairie and others — so petitions must be drafted with a complete agency list to actually clear the record everywhere it lives.
Local practice notes
The Dallas County District Attorney's office has in recent years declined to prosecute many first-time, low-level marijuana possession cases and has supported diversion programs for first offenders — outcomes that leave expungable arrest records behind. Dallas County also processes a high volume of agreed expunctions, which can move faster than contested settings when the DA's office signs off.
Can a public intoxication 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
As a Class C offense, public intoxication has a fast track to expunction: if the charge was dismissed, if you completed deferred disposition, or if you were acquitted, the record is expungable — and the waiting period for a never-charged or dismissed PI arrest is only 180 days. Like all Class C charges, the mistake is paying the fine, which converts a clearable arrest into a conviction.
If expunction isn't available: sealing
A PI conviction from paying the fine may still qualify for a fine-only misdemeanor order of nondisclosure, hiding it from employers even though it can't be destroyed. Learn how orders of nondisclosure work →
Why clearing this record matters
An alcohol-related offense on a background check invites questions in any hiring process and matters disproportionately for jobs involving driving, security clearances, healthcare, and work with minors. For students and young professionals, a PI from one bad night is a permanent public record that takes one short legal proceeding to erase — few records offer this much cleanup for this little effort.
Common questions
Is public intoxication a criminal record in Texas?
Yes. Even though it's a fine-only Class C misdemeanor, the arrest or citation creates a criminal record visible on background checks until it is expunged or sealed.
I was a minor when I got a PI. Are the rules different?
Alcohol offenses committed as a minor have additional relief options, including expunction under the Alcoholic Beverage Code once you turn 21. These are often the cheapest, simplest expunctions available.
How fast can a dismissed PI be expunged?
For a Class C charge that was dismissed or never filed, the statutory waiting period is 180 days from the arrest — one of the shortest in Texas expunction law.
Where are expunction cases heard in Dallas County?
In the Dallas County district courts at the Frank Crowley Courts Building. Most clients never need to appear; we handle the filing and hearing.
My Dallas marijuana case was declined by the DA. Can I expunge the arrest?
Very likely — a declined or never-filed charge leaves an arrest record that becomes expungable after the statutory waiting period. These are among the most common Dallas County expunctions we handle.
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 public intoxication charge in Dallas County
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