Montgomery County Offense Guide
Expunging Criminal Trespass in Montgomery County
How a criminal trespass charge gets erased through the Conroe 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 Montgomery County
Montgomery County expunctions are filed in the district courts at the courthouse in Conroe, serving The Woodlands, Conroe, Magnolia, and the fast-growing corridor north of Houston.
Typical records holders include the Montgomery County Sheriff's Office, Conroe PD, constable precincts — which are unusually active in this county — the clerks, and DPS.
Local practice notes
Montgomery County prosecutes conservatively, and fewer cases resolve through lenient diversion than in Harris County next door — but dismissals, no-bills, and acquittals happen everywhere, and those outcomes are just as expungable here. Petitions get genuine scrutiny from the DA's office, so statutory precision matters. Many clients are Woodlands-area professionals clearing old records ahead of energy-sector and corporate screening.
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.
The DA in Montgomery County opposed my friend's expunction. Does that happen often?
The DA's office reviews petitions carefully and will contest defective or ineligible ones. For eligible cases with precisely drafted petitions, opposition is the exception — that precision is our job.
My arrest was by a constable's office, not the sheriff. Does that change anything?
Only the agency list — constable precincts are active in Montgomery County and must be named and served like any other records holder. We build the complete list from your records.
Statewide guide
Criminal Trespass expunction in Texas →
County guide
All Montgomery 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 Montgomery County
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