Clearing a Public Intoxication Charge in Texas

1. Expunction After Dismissal (Most Common Outcome)

The most common path to clearing a PI is through an expunction, because many PI cases end in dismissal. A dismissal makes you eligible to permanently remove the arrest and charge from your record under Tex. Code Crim. Proc. Chapter 55A.

An expunction:
 • Removes the arrest, citation, and court records
 • Deletes the case from public and law-enforcement databases
 • Allows you to legally deny the incident ever happened
 • Prevents employers, DPS, landlords, and agencies from accessing it

For a Class C misdemeanor PI, the dismissal-based path to expunction is generally straightforward.

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2. Expunction After Deferred Disposition (Class C Only)

Because public intoxication is a Class C misdemeanor, many courts offer deferred disposition. After completing the terms, the case is dismissed.

A deferred-disposition dismissal for a Class C qualifies for an expunction once the statutory waiting period has passed.

This is very favorable compared to Class A or B misdemeanors, which often cannot be expunged after deferred.

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3. Expunction When the Prosecutor Declines to Pursue the Case

If the prosecutor decides not to file a complaint, declines prosecution, or files and later abandons it, the PI is typically eligible for expunction after the applicable waiting period.

Again, for Class C public intoxication, the expunction process is comparatively simple.
Check Your Eligibility


4. Nondisclosure (Record Sealing) When Expunction Isn’t Available


If you do not qualify for an expunction—usually because of a prior conviction, an ongoing criminal matter, or another statutory limitation—you may still be able to seal your public intoxication record through an order of nondisclosure.


A nondisclosure:


Seals the record from public view

Blocks employers, landlords, and most agencies from accessing it

Keeps the record available only to certain governmental bodies


While expunction is always preferred, nondisclosure is the next best option and still offers strong privacy protections.



Why Clearing a Public Intoxication Matters


Even though PI is “just” a Class C misdemeanor, many people are surprised to learn that:


PI arrests show up on background checks

Class C misdemeanors still appear in DPS and county databases

Employers may view an alcohol-related charge negatively

Licensing boards (nursing, real-estate, financial, etc.) may ask about it

Law enforcement sees PI arrests during traffic stops and future cases


A cleared record prevents misunderstanding and protects your personal and professional reputation.



How Wyde & Associates Helps With PI Expunctions


Our firm regularly handles public intoxication expunctions across Texas. The process includes:


Reviewing the case outcome and eligibility

Preparing a formal petition under Chapter 55A

Serving all required agencies (DPS, OCA, county clerks, etc.)

Obtaining and filing the signed expunction order

Ensuring all agencies destroy or return the records


Once the expunction is granted, the law requires agencies to delete the records and certify compliance.



Do You Qualify to Clear Your PI? We Can Tell You.


If you are unsure whether your public intoxication case qualifies for:


Expunction,

Nondisclosure, or

Other record-clearing relief,


we can review your case and determine the fastest path to clearing your record.

Check Your Eligibility