Fort Bend County Offense Guide
Expunging Criminal Trespass in Fort Bend County
How a criminal trespass charge gets erased through the Richmond 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 Fort Bend County
Fort Bend County expunctions are filed in the district courts at the justice center in Richmond, serving Sugar Land, Missouri City, Katy-area neighborhoods, and one of the fastest-growing, most diverse counties in America.
Records commonly involve the Fort Bend County Sheriff's Office, Sugar Land and Missouri City police departments, the clerks, and DPS.
Local practice notes
Fort Bend's District Attorney launched diversion initiatives beginning in 2019 — including for low-level marijuana cases — under which qualifying cases resolve without conviction and leave expungable records. The county's professional workforce means many clients here are clearing records for corporate background checks, professional licenses, and global mobility (visa applications scrutinize records closely). Dockets move reasonably quickly relative to neighboring Harris County.
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.
I went through a Fort Bend diversion program. What's left on my record?
The arrest and case records remain until expunged — completion of the program sets up eligibility, and we handle the petition from there.
Is a Fort Bend expunction faster than one in Harris County?
Often, yes — Fort Bend's docket is lighter, so settings and agency compliance typically run quicker than in Houston.
Statewide guide
Criminal Trespass expunction in Texas →
County guide
All Fort Bend County expunctions →
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 Fort Bend County
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