Tarrant County Offense Guide
Expunging Criminal Trespass in Tarrant County
How a criminal trespass charge gets erased through the Fort Worth 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 Tarrant County
Tarrant County expunctions are filed in the district courts in Fort Worth, where criminal matters are centered at the Tim Curry Criminal Justice Center. Felony cases run through the criminal district courts; misdemeanors through the County Criminal Courts.
Records for a Tarrant County arrest typically sit with the arresting agency — Fort Worth PD, Arlington PD, the Sheriff's Office, or one of the county's many suburban departments — plus the county clerk, district clerk, and DPS, all of which must be named and served in the petition.
Local practice notes
Tarrant County has long operated deferred prosecution programs for young first-time offenders, under which completed cases are dismissed — dismissals that generally ripen into expunction eligibility. The DA's office reviews expunction petitions closely for statutory compliance, so precise drafting matters here; defective petitions get contested rather than waved through.
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 completed Tarrant County's deferred prosecution program. Can my record be cleared?
Program completions that end in dismissal are typically strong expunction candidates. We confirm your program paperwork and dismissal, then file when the waiting period allows.
Do I have to appear in court in Fort Worth for my expunction?
Usually not — most Tarrant County expunctions are resolved without the petitioner appearing. We appear for you when a hearing is required.
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.
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