Falls County Offense Guide
Expunging Resisting Arrest in Falls County
How a resisting arrest charge gets erased through the Marlin 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 Falls County
An expunction of a Falls County arrest is a civil case filed in the district court serving the county, heard at the courthouse in Marlin. 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 Falls 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. Like many Texas counties, the district court here shares its judge with neighboring counties on a multi-county judicial district, so settings follow the court's rotation through the district.
Local practice notes
Falls County's docket is light compared to the metros, and eligible expunctions here generally move faster than they would in a big city — the work is in drafting the petition precisely and serving every agency. 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 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.
Do I need to travel to Marlin for my expunction?
Almost never — Falls County expunctions can nearly always be completed without you appearing, no matter where you live now.
Will people in Marlin 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.
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 Falls County
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