Title CR, Code of Criminal Procedure

Art. 55A.005. UNLAWFUL CARRYING OF HANDGUN. A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if: (1) the person was tried for and convicted of the offense for which the person was arrested; and (2) the offense was …

Art. 55A.006. MISTAKEN IDENTITY. Notwithstanding the limitation provided by Article 55A.001, a person is entitled to obtain the expunction of any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social secur…

Art. 55A.051. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a person who has been placed under a custodial or noncustodial arrest for commission of a felony or misdemeanor if: (1) the person has been released; (2) the charge, if any, has not resulted in a final convicti…

Art. 55A.052. INDICTMENT OR INFORMATION NOT PRESENTED. (a) A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if an indictment or information charging the person with the commission of a misdemeanor offense based on …

Art. 55A.053. INDICTMENT OR INFORMATION DISMISSED OR QUASHED. (a) A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if: (1) an indictment or information charging the person with the commission of a misdemeanor offen…

Art. 55A.054. EXPIRATION OF LIMITATIONS PERIOD. A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if prosecution of the person for the offense for which the person was arrested is no longer possible because the limi…

Art. 55A.101. APPELLATE COURT ACQUITTAL OR RECOMMENDATION OF ATTORNEY REPRESENTING STATE. (a) Except as provided by Article 55A.151 and subject to Subsection (b), a district court, a justice court, or a municipal court of record may expunge all records and files relating to the a…

Art. 55A.131. CERTAIN DNA RECORDS. For purposes of Subchapters A, B, and C, records and files relating to an arrest include: (1) a DNA record created under Subchapter G, Chapter 411, Government Code; (2) any record of the collection of the specimen from which the DNA record was c…

Art. 55A.151. CONVICTION OR POTENTIAL PROSECUTION ARISING FROM SAME CRIMINAL EPISODE. A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court, a court of appeals, or th…

Art. 55A.152. DRIVER'S LICENSE SUSPENSION OR REVOCATION. Records relating to the suspension or revocation of a driver's license, permit, or privilege to operate a motor vehicle may not be expunged under this chapter except as provided by Section 524.015 or 724.048, Transportation…

Art. 55A.153. ARREST FOR VIOLATION OF COMMUNITY SUPERVISION. Notwithstanding any provision of Subchapter A, B, or C, a person may not expunge records and files relating to an arrest that occurs pursuant to a warrant issued under Article 42A.751(b). Added by Acts 2023, 88th Leg., …

Art. 55A.154. CERTAIN PERSONS ABSCONDING AFTER ARREST. Notwithstanding any provision of Subchapter A, B, or C, a person who intentionally or knowingly absconds from the jurisdiction after being released under Chapter 17 following an arrest is not eligible under Article 55A.052(a)…

Art. 55A.201. TRIAL COURT ACQUITTAL. (a) At the request of the acquitted person and after notice to the state, or at the request of the attorney representing the state with the consent of the acquitted person, an expunction order shall be entered, not later than the 30th day afte…

Art. 55A.202. PARDON FOR ACTUAL INNOCENCE. (a) In a case in which a person is entitled to expunction under Article 55A.003, an expunction order shall be entered, not later than the 30th day after the date the court receives notice of the applicable pardon or other grant of relief…

Art. 55A.203. CERTAIN SPECIALTY COURT PROGRAMS. (a) A trial court that is a district court or a district court in the county in which the trial court is located may, with the consent of the attorney representing the state, enter an expunction order for a person entitled to expunc…

Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE REGARDING EXPUNCTION ORDER. The attorney representing the state shall prepare an expunction order under Article 55A.202 or 55A.203 for the court's signature and notify the Texas Department of Criminal Justice if the person who i…

Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER. In an expunction order entered under Article 55A.202 or 55A.203, the court shall: (1) provide a listing of each official, agency, or other entity of this state or political subdivision of this state and each private entity that …

Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS BY COURT. The court shall retain any documents sent to the court under Article 55A.205(2)(A) until the limitations period has expired for any civil case or proceeding relating to the wrongful imprisonment of the person who is …

Art. 55A.251. FILING OF PETITION. A person who is entitled to expunction of records and files under Article 55A.002, 55A.004, or 55A.005 or Subchapter B, or a person who is eligible for expunction of records and files under Article 55A.101, may, subject to Article 55A.252, file a…

Art. 55A.252. FILING CERTAIN PETITIONS IN JUSTICE OR MUNICIPAL COURT. If the arrest for which expunction is sought is for an offense punishable by fine only, a person who is entitled to expunction of records and files under Article 55A.002, 55A.003, 55A.004, or 55A.005 or Subchap…

Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte petition filed under Article 55A.251, 55A.252, or 55A.257 must be verified and must include, with respect to the person who is the subject of the petition, the following or an explanation for why one or more of the following is …

Art. 55A.254. HEARING; NOTICE. (a) The court shall set a hearing on an ex parte petition for expunction not earlier than the 30th day following the date the petition is filed and shall give a copy of the petition and notice of hearing to each official, agency, or other entity lis…

Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court finds that the person who is the subject of an ex parte petition filed under Article 55A.251, 55A.252, or 55A.257 is entitled to expunction of any records and files that are the subject of the petition, the court shall enter a…

Art. 55A.256. APPLICATION FOR EXPUNCTION BASED ON MISTAKEN IDENTITY. (a) A person who is entitled to the expunction of information contained in records and files under Article 55A.006 may file an application for expunction with the attorney representing the state in the prosecuti…

Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION ON PERSON'S BEHALF. The director of the Department of Public Safety or the director's authorized representative may file on behalf of a person described by Article 55A.251 or 55A.256 an ex parte petition for expunction i…

Art. 55A.258. EXPUNCTION ON BEHALF OF DECEASED PERSON. (a) In this article, "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister, or child of a deceased person. (b) A close relative of a deceased person who, if not deceased, would …

Art. 55A.301. REQUIRED CONTENT. (a) An expunction order entered by a court under Subchapter E or F must have attached and incorporate by reference a copy of the judgment of acquittal, if any, and must include: (1) the following information on the person who is the subject of the …

Art. 55A.302. RETENTION OF CERTAIN RECORDS AFTER EXPUNCTION. (a) If the state establishes that the person who is the subject of an expunction order is still subject to conviction for an offense arising out of the transaction for which the person was arrested because the limitatio…

Art. 55A.3025. RETENTION OF CERTAIN MENTAL HEALTH RECORDS. (a) The court shall retain federal prohibited person information, as defined by Section 411.052, Government Code, regardless of whether an expunction order is issued with regard to the criminal case in which that informat…

Art. 55A.303. APPEAL. A person who is the subject of an expunction order issued under Subchapter E or F or an agency protesting the expunction may appeal the court's decision in the same manner as in other civil cases. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec…

Art. 55A.351. NOTICE OF EXPUNCTION ORDER. (a) When an expunction order issued under Subchapter E or F is final, the clerk of the court shall send a copy of the order to the Crime Records Service of the Department of Public Safety, the Office of Court Administration of the Texas J…

Art. 55A.352. DUTY OF DEPARTMENT OF PUBLIC SAFETY. (a) In this article, "department" means the Department of Public Safety. (b) The department shall notify any central federal depository of criminal records by any means, including secure electronic mail, electronic transmission, …

Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as provided by Articles 55A.354 and 55A.357, on receipt of an expunction order issued under Subchapter E or F, each official or agency or other governmental entity listed in the order shall: (1) as appropriate: (A) return all …

Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO MISTAKEN IDENTITY. On receipt of an order granting expunction to a person entitled to expunction under Article 55A.006, each official, agency, or other governmental entity listed in the order: (1) shall: (A) obliterate all port…

Art. 55A.355. PROVIDING EXPUNGED RECORDS TO PERSON WHO IS SUBJECT OF EXPUNCTION. (a) The court may give the person who is the subject of an expunction order all records and files returned to the court pursuant to the order. (b) This article does not apply to a person who is the s…

Art. 55A.356. INSPECTION AND DISPOSITION OF COURT'S RECORDS CONCERNING EXPUNCTION. (a) Except in the case of a person who is the subject of an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, if an expunction order is issue…

Art. 55A.357. RETENTION OF FINANCIAL TRANSACTION RECORDS. (a) Notwithstanding Articles 55A.353, 55A.354, 55A.355, and 55A.356 and in accordance with internal financial control procedures, an official, agency, court, or other entity may retain receipts, invoices, vouchers, or simi…

Art. 55A.401. EFFECT OF FINAL EXPUNCTION ORDER. When an expunction order issued under Subchapter E or F is final: (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited; (2) except as provided by Subdivision (3), the pe…

Art. 55A.402. OFFENSE FOR VIOLATION OF EXPUNCTION ORDER. (a) A person commits an offense if the person: (1) learns of an arrest while an officer or employee of the state or of any agency or other entity of the state or any political subdivision of the state; (2) knows of an order…

Art. 55A.451. NOTICE OF EXPUNCTION LAW TO PERSONS RELEASED FOLLOWING ARREST. On release or discharge of an arrested person, the person responsible for the release or discharge shall give the released or discharged person a written explanation of that person's rights under this ch…