Public intoxication is charged under Texas Penal Code § 49.02 as a Class C misdemeanor — the same level as a traffic ticket, with no jail time and a fine capped at $500. Because the stakes feel low, a lot of people pay the fine, move on, and never realize the arrest stays on their record permanently. Years later it surfaces on a job or apartment background check.
The encouraging part: the very things that make a PI a minor charge — it's a Class C, and most cases end in dismissal — also make it one of the most clearable charges in Texas. Here are the paths, from best to backup.
1. Expunction After a Dismissal (the most common outcome)
Most PI cases don't end in conviction — they're dismissed, never formally charged, or resolved in a way that leaves you eligible to wipe the record clean. A dismissal opens the door to an expunction under Texas Code of Criminal Procedure Chapter 55A, the strongest remedy available.
An expunction does what people assume "getting it dropped" already did:
- Destroys the arrest, citation, and court records.
- Removes the case from public and law-enforcement databases.
- Lets you legally deny the arrest ever happened in most situations.
- Stops employers, DPS, landlords, and agencies from pulling it up.
For a Class C PI that ended in dismissal, the path to expunction is usually straightforward.
2. Expunction After Deferred Disposition (a Class C advantage)
Because PI is a Class C, many courts offer deferred disposition — you meet a few conditions, and the case is dismissed. Once the statutory waiting period passes, that dismissal generally qualifies for expunction.
This is a real advantage of fighting at the Class C level. Class A and B misdemeanors resolved through deferred adjudication usually cannot be expunged — the best they get is a nondisclosure (sealing). A Class C handled through deferred disposition can often be erased outright.
3. Expunction When the Prosecutor Never Pursues the Case
If the prosecutor declines to file a complaint, or files and later abandons it, the arrest is typically eligible for expunction once the applicable waiting period runs. As with a dismissal, the Class C posture keeps the process comparatively simple.
4. Nondisclosure (Sealing) When Expunction Isn't Available
If you don't qualify for an expunction — usually because of a prior conviction, an open criminal matter, or another statutory bar — you may still be able to seal the PI through an order of nondisclosure under Texas Government Code Chapter 411. A nondisclosure:
- Seals the record from public view.
- Blocks most employers, landlords, and agencies from seeing it.
- Leaves it accessible only to a defined set of governmental bodies.
Expunction is always the goal, but nondisclosure is a strong second option that still protects you from the screenings that matter most.
Why Clearing a "Minor" PI Is Still Worth It
People are often surprised that a Class C is worth the effort. It is, because:
- PI arrests show up on background checks.
- Class C records still sit in DPS and county databases.
- An alcohol-related entry reads worse to an employer than a speeding ticket.
- Licensing boards — nursing, real estate, finance, education — routinely ask about any arrest.
- Officers see prior PI arrests during traffic stops and future investigations.
A cleared record removes the question before it's ever asked.
How We Handle a PI Expunction
The firm handles public intoxication expunctions across Texas. The process generally runs:
- Confirm how the case ended and which remedy you qualify for.
- Prepare and file the petition for expunction under Chapter 55A.
- Serve every agency that holds a record — DPS, the Office of Court Administration, county clerks, and the arresting agency.
- Obtain the signed expunction order from the court.
- Confirm the agencies destroy or return the records as the order requires.
Once granted, the law obligates those agencies to delete the records and certify that they did.
Not Sure Which Applies to You?
If you don't know whether your PI qualifies for expunction, nondisclosure, or another remedy, the disposition of the case is what decides it. Tell us the county and how the case ended, and we'll tell you the fastest route to a clean record. You can also read more on our public intoxication defense page.