Dallas County Offense Guide
Expunging Resisting Arrest in Dallas County
How a resisting arrest charge gets erased through the Dallas courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 38.03
Offense level
Class A misdemeanor (felony if a weapon is used)
About the charge
Resisting arrest — using force against an officer making an arrest or search — is a Class A misdemeanor. Unlike evading, it requires force, and it's frequently charged in chaotic arrest situations where what counts as 'force' versus reflexive movement is genuinely disputed.
These cases often travel with other charges and get dismissed when the underlying arrest was questionable or when video evidence tells a different story than the report.
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 resisting arrest 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 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.
If expunction isn't available: sealing
Completed deferred adjudication for resisting arrest can typically be sealed with a nondisclosure order after the two-year waiting period. Learn how orders of nondisclosure work →
Why clearing this record matters
Like evading, resisting is a charge employers read as a character verdict — confrontational, defiant, risky to hire. It surfaces in security-clearance reviews and licensing applications with outsized effect. For a charge this often dismissed, an alarming number of people carry the arrest record for decades without knowing it's erasable.
Common questions
The resisting charge was dropped but I was convicted of the underlying offense. Can I expunge the resisting arrest?
Generally no — expunction operates on the whole arrest, so a conviction arising from that arrest usually blocks it. Sealing options for the conviction may exist instead; we review the full record to map what's possible.
Body camera footage got my resisting case dismissed. When can I file?
For a dismissed Class A charge, generally once the two-year misdemeanor limitations period runs — or earlier if the dismissal reflects lack of probable cause, which video-driven dismissals often do.
Is resisting arrest a crime of violence for background check purposes?
Screeners commonly categorize it with violent or officer-related offenses, which is exactly why clearing an eligible record matters.
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 resisting arrest charge in Dallas County
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