McLennan County Offense Guide
Expunging Resisting Arrest in McLennan County
How a resisting arrest charge gets erased through the Waco 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 McLennan County
McLennan County expunctions are filed in the district courts at the courthouse in Waco, the hub of the I-35 corridor between Dallas and Austin.
Records commonly involve the Waco Police Department, the county Sheriff's Office, Baylor University Police for campus-area cases, the clerks, and DPS.
Local practice notes
Waco blends a university docket — Baylor-area MIP, PI, and small possession cases that resolve through deferrals and dismissals — with a regional workforce that screens for healthcare, education, and manufacturing employment. I-35 through McLennan County also produces a steady stream of traffic-stop possession arrests against travelers from across the state, who can clear eligible records here without returning to Waco.
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.
I was passing through on I-35 when I was arrested. Do I have to come back to Waco?
Filing happens in the county of arrest, but almost never requires your presence — we handle McLennan County expunctions for out-of-town clients start to finish.
Does Baylor see my expunged record?
An expunction order directs all records-holding agencies, including university police, to destroy their records — and afterward you may lawfully deny the arrest in most contexts.
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 McLennan County
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