Travis County Offense Guide
Expunging Disorderly Conduct in Travis County
How a disorderly conduct charge gets erased through the Austin courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Penal Code § 42.01
Offense level
Class C misdemeanor (Class B for some firearm-related variants)
About the charge
Disorderly conduct is Texas's catch-all public order offense — unreasonable noise, abusive language, offensive gestures, fighting in public. Most variants are Class C, fine-only misdemeanors issued as citations during arguments, parties, and neighborhood disputes.
Because the statute is broad and subjective, contested disorderly conduct charges are frequently dismissed or resolved with deferred disposition.
Where your case gets cleared in Travis County
Travis County expunctions are filed in the district courts in downtown Austin, with criminal matters centered at the Blackwell-Thurman Criminal Justice Center. Felonies run through the district courts and misdemeanors through the County Courts at Law, with the County Attorney prosecuting most misdemeanors.
Austin-area records typically involve the Austin Police Department, the Travis County Sheriff's Office, UT and other university police departments for campus-area arrests, and DPS — a mix that makes a complete agency list especially important in this county.
Local practice notes
Travis County prosecutors have for years declined most low-level marijuana possession cases, and Austin voters codified non-enforcement policies for small amounts — which means Travis County holds an unusually large pool of declined and dismissed cases that qualify for expunction. The county's courts also see heavy volumes of student-related Class C offenses (MIP, public intoxication) that are quick, inexpensive expunctions.
Can a disorderly conduct 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
Like other Class C offenses, disorderly conduct has the fastest path in Texas expunction law: dismissed or never-filed charges are expungable after just 180 days, completed deferred disposition qualifies after dismissal, and acquittals qualify immediately. The only wrong move is paying the fine without a deferral, which creates a conviction.
If expunction isn't available: sealing
A fine-paid disorderly conduct conviction may qualify for a fine-only misdemeanor nondisclosure order, keeping it off public background checks. Learn how orders of nondisclosure work →
Why clearing this record matters
On paper, disorderly conduct reads as 'fighting in public' to anyone screening you — employers, schools, volunteer organizations. For such a minor charge, it generates a surprising number of awkward interview questions. These are among the quickest, least expensive records to erase, which makes leaving one in place hard to justify.
Common questions
Is a disorderly conduct ticket really a criminal record?
Yes — it's a Class C misdemeanor, and the citation or arrest appears in court records and on background checks until expunged or sealed.
What's the waiting period to expunge a dismissed disorderly conduct charge?
180 days from the date of arrest for a Class C charge that was dismissed or never filed.
I paid the fine years ago. Do I have options?
A paid fine is a conviction, so expunction is generally off the table — but an order of nondisclosure for fine-only misdemeanors can seal it from public view.
Austin stopped enforcing low-level marijuana laws. Is my old arrest gone?
No — policy changes don't erase existing records. Your old arrest or dismissed case remains public until a court orders it expunged, and it likely qualifies.
I got an MIP near UT campus years ago. How hard is that to clear?
Usually one of the easiest: alcohol offenses committed as a minor have a dedicated expunction route once you turn 21, and dismissed or deferred Class C citations clear quickly.
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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