Harris County Offense Guide
Expunging Resisting Arrest in Harris County
How a resisting arrest charge gets erased through the Houston 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 Harris County
Harris County is the largest criminal jurisdiction in Texas. Expunction petitions are civil filings made in the Harris County district courts in downtown Houston, with most criminal matters centered at the Harris County Criminal Justice Center. Felonies are prosecuted in the county's criminal district courts and misdemeanors in the County Criminal Courts at Law — and knowing which court handled the underlying case matters when assembling the expunction petition.
Because of Harris County's caseload, expunction hearings are typically set further out than in smaller counties, and agency response times run longer — there are simply more records-holding agencies in the Houston area to serve, from HPD and the Sheriff's Office to dozens of municipal departments.
Local practice notes
Harris County has operated a Misdemeanor Marijuana Diversion Program since 2017, under which many low-level possession cases are diverted and never filed — arrests and detentions handled that way are frequently expungable. The county has also worked through significant docket backlogs in recent years, which affects hearing timelines. We track the current settings practice in the district courts and build the petition's agency list for the full Houston-area law enforcement landscape.
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 is an expunction filed in Harris County?
In a Harris County district court in downtown Houston. We prepare and file the petition, serve every agency holding records — HPD, the Harris County Sheriff's Office, DPS, and others — and handle the hearing.
How long does an expunction take in Harris County?
Typically several months from filing to signed order — Harris County's docket volume means settings run longer than in smaller counties. We'll give you a current estimate at your case review.
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 Harris County
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