Most class C dismissals, including dismissals of Public Intoxication charges, are expungable under chapter 55 of the code of criminal procedure.

Now the thing about chapter 55 is that it includes multiple paths to expunction eligibility. The most common path is that the case is dismissed and the statute of limitations has lapsed. The limitations period is 2 years on a misdemeanor, so that is the catch-all correct answer... you WILL eventually become eligible on that path. For a case charged by citation, the limitations clock does not technically start ticking until the citation is dismissed per Article 12.05(b) of the Code of Criminal Procedure.

There is another path that might get you there sooner if ALL of the following are true:
1. The class C case is dismissed.
2. No indictment or information was ever presented on the class C ... you were only charged by citation.
3. No indictment or information was presented on a different charge that resulted from the same arrest.
4. The class C charge was not part of a crime spree in which you committed a felony.
5. 180 days have passed since the date you were cited.

So if all those were true, and you were cited on 6/8/18, you could have filed as early as 12/8/18. This path to eligibility is based on the date you were cited, not the date the case was dismissed. The downside of this type of expunction is that it is incomplete... the applicable law enforcement agency and the prosecuting attorney may retain the arrest records and files. A few people use this path because they need the court records and DPS records expunged ASAP but an expunction that leaves some records accessible to the public not ideal for most people.

Another path to eligibility is if there has been no trial and the prosecutor RECOMMENDS expunction. If not indictment or information has been presented, the prosecutor can merely CERTIFY under oath that the arrest records are not needed for the prosecution of the defendant or anyone else. Either of these paths to expunction have NO waiting period so you can proceed straight away.

There are some class C expunctions that are possible without going through chapter 55.01 but they don't apply to Public Intoxication and instead are focused on age-related offenses like truancy, tobacco, and minor in possession of alcohol.

Texas law considers the citation the same as an arrest for expungement purposes. However, we typically have Class C's expunged immediately after disposition (dismissal). Although Texas law (Code of Criminal Procedure 55.01),requires a 180 day waiting period to expunge Class C Misdemeanors, there are exceptions, the most common of which is consent by the prosecutor. Typically, if they dismissed the ticket, they won't fight the expunction. Also, the process takes some time, so there's no harm in filing early. Good luck!

If you were found not guilty aftet a trial, you may file for expunction immediately. If the case was dismissed upon motion by the State, technically the case can be refiled until the statute of limitations has tolled (2 years for misdemeanor cases in Texas), so you musr wait until then to file the expunction. The State, however, can waive this waiting period. Calling an attorney would help. Good luck.