CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS

Art. 55.01. RIGHT TO EXPUNCTION. (a) A person who has been

placed under a custodial or noncustodial arrest for commission of

either a felony or misdemeanor is entitled to have all records

and files relating to the arrest expunged if:

(1) the person is tried for the offense for which the person was

arrested and is:

(A) acquitted by the trial court, except as provided by

Subsection (c) of this section; or

(B) convicted and subsequently pardoned; or

(2) each of the following conditions exist:

(A) an indictment or information charging the person with

commission of a felony has not been presented against the person

for an offense arising out of the transaction for which the

person was arrested or, if an indictment or information charging

the person with commission of a felony was presented, the

indictment or information has been dismissed or quashed, and:

(i) the limitations period expired before the date on which a

petition for expunction was filed under Article 55.02; or

(ii) the court finds that the indictment or information was

dismissed or quashed because the person completed a pretrial

intervention program authorized under Section 76.011, Government

Code, or because the presentment had been made because of

mistake, false information, or other similar reason indicating

absence of probable cause at the time of the dismissal to believe

the person committed the offense or because it was void;

(B) the person has been released and the charge, if any, has not

resulted in a final conviction and is no longer pending and there

was no court ordered community supervision under Article 42.12

for any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five

years preceding the date of the arrest.

(a-1) Notwithstanding Subsection (a)(2)(C), a person's

conviction of a felony in the five years preceding the date of

the arrest does not affect the person's entitlement to expunction

for purposes of an ex parte petition filed on behalf of the

person by the director of the Department of Public Safety under

Section 2(e), Article 55.02.

(b) Except as provided by Subsection (c) of this section, a

district court may expunge all records and files relating to the

arrest of a person who has been arrested for commission of a

felony or misdemeanor under the procedure established under

Article 55.02 of this code if the person is:

(1) tried for the offense for which the person was arrested;

(2) convicted of the offense; and

(3) acquitted by the court of criminal appeals.

(c) 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 or the court

of criminal appeals, if the offense for which the person was

acquitted arose out of a criminal episode, as defined by Section

3.01, Penal Code, and the person was convicted of or remains

subject to prosecution for at least one other offense occurring

during the criminal episode.

(d) A person is entitled to have any information that identifies

the person, including the person's name, address, date of birth,

driver's license number, and social security number, contained in

records and files relating to the arrest of another person

expunged if:

(1) the information identifying the person asserting the

entitlement to expunction was falsely given by the person

arrested as the arrested person's identifying information without

the consent of the person asserting the entitlement; and

(2) the only reason for the information identifying the person

asserting the entitlement being contained in the arrest records

and files of the person arrested is that the information was

falsely given by the person arrested as the arrested person's

identifying information.

Added by Acts 1977, 65th Leg., p. 1880, ch. 747, Sec. 1, eff.

Aug. 29, 1977.

Amended by Acts 1979, 66th Leg., p. 1333, ch. 604, Sec. 1, eff.

Aug. 27, 1979; Acts 1989, 71st Leg., ch. 803, Sec. 1, eff. Sept.

1, 1989; Subsec. (2) amended by Acts 1991, 72nd Leg., ch. 14,

Sec. 284(53), eff. Sept. 1, 1991. Amended by Acts 1993, 73rd

Leg., ch. 900, Sec. 7.02(a), eff. Sept. 1, 1993; Acts 1999, 76th

Leg., ch. 1236, Sec. 1, eff. Aug. 30, 1999; Subsec. (a) amended

by Acts 2001, 77th Leg., ch. 1021, Sec. 1, eff. Sept. 1, 2001;

Subsec. (d) added by Acts 2001, 77th Leg., ch. 945, Sec. 1, eff.

June 14, 2001; Subsec. (a) amended by Acts 2003, 78th Leg., ch.

1236, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1309, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

840, Sec. 5, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1103, Sec. 17(b), eff. September 1, 2009.

Art. 55.011. RIGHT OF CLOSE RELATIVE TO SEEK 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 be entitled to expunction of records and files under

Article 55.01 may file on behalf of the deceased person an ex

parte petition for expunction under Section 2 or 2a, Article

55.02. If the court finds that the deceased person would be

entitled to expunction of any record or file that is the subject

of the petition, the court shall enter an order directing

expunction.

Added by Acts 2009, 81st Leg., R.S., Ch.

659, Sec. 1, eff. June 19, 2009.

Art. 55.02. PROCEDURE FOR EXPUNCTION.

Sec. 1. At the request of the defendant and after notice to the

state, the trial court presiding over the case in which the

defendant was acquitted, if the trial court is a district court,

or a district court in the county in which the trial court is

located shall enter an order of expunction for a person entitled

to expunction under article 55.01(a)(1)(a) not later than the

30th day after the date of the acquittal. Upon acquittal, the

trial court shall advise the defendant of the right to

expunction. The defendant shall provide to the district court all

of the information required in a petition for expunction under

Section 2(b). The attorney for the defendant in the case in which

the defendant was acquitted, if the defendant was represented by

counsel, or the attorney for the state, if the defendant was not

represented by counsel, shall prepare the order for the court's

signature.

Sec. 2. (a) A person who is entitled to expunction of records

and files under Article 55.01(a) or a person who is eligible for

expunction of records and files under Article 55.01(b) may file

an ex parte petition for expunction in a district court for the

county in which:

(1) the petitioner was arrested; or

(2) the offense was alleged to have occurred.

(b) The petition must be verified and shall include the

following or an explanation for why one or more of the following

is not included:

(1) the petitioner's:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver's license number;

(F) social security number; and

(G) address at the time of the arrest;

(2) the offense charged against the petitioner;

(3) the date the offense charged against the petitioner was

alleged to have been committed;

(4) the date the petitioner was arrested;

(5) the name of the county where the petitioner was arrested and

if the arrest occurred in a municipality, the name of the

municipality;

(6) the name of the agency that arrested the petitioner;

(7) the case number and court of offense; and

(8) a list of all:

(A) law enforcement agencies, jails or other detention

facilities, magistrates, courts, prosecuting attorneys,

correctional facilities, central state depositories of criminal

records, and other officials or agencies or other entities of

this state or of any political subdivision of this state;

(B) central federal depositories of criminal records that the

petitioner has reason to believe have records or files that are

subject to expunction; and

(C) private entities that compile and disseminate for

compensation criminal history record information that the

petitioner has reason to believe have information related to

records or files that are subject to expunction.

(c) The court shall set a hearing on the matter no sooner than

thirty days from the filing of the petition and shall give to

each official or agency or other governmental entity named in the

petition reasonable notice of the hearing by:

(1) certified mail, return receipt requested; or

(2) secure electronic mail, electronic transmission, or

facsimile transmission.

(c-1) An entity described by Subsection (c) may be represented

by the attorney responsible for providing the entity with legal

representation in other matters.

(d) If the court finds that the petitioner, or a person for whom

an ex parte petition is filed under Subsection (e), is entitled

to expunction of any records and files that are the subject of

the petition, it shall enter an order directing expunction.

(e) The director of the Department of Public Safety or the

director's authorized representative may file on behalf of a

person described by Subsection (a) of this section or by Section

2a an ex parte petition for expunction in a district court for

the county in which:

(1) the person was arrested; or

(2) the offense was alleged to have occurred.

(f) An ex parte petition filed under Subsection (e) must be

verified and must include the following or an explanation for why

one or more of the following is not included:

(1) the person's:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver's license number;

(F) social security number; and

(G) address at the time of the arrest;

(2) the offense charged against the person;

(3) the date the offense charged against the person was alleged

to have been committed;

(4) the date the person was arrested;

(5) the name of the county where the person was arrested and if

the arrest occurred in a municipality, the name of the

municipality;

(6) the name of the agency that arrested the person;

(7) the case number and court of offense; and

(8) a list of all:

(A) law enforcement agencies, jails or other detention

facilities, magistrates, courts, prosecuting attorneys,

correctional facilities, central state depositories of criminal

records, and other officials or agencies or other entities of

this state or of any political subdivision of this state;

(B) central federal depositories of criminal records that the

person has reason to believe have records or files that are

subject to expunction; and

(C) private entities that compile and disseminate for

compensation criminal history record information that the person

has reason to believe have information relating to records or

files that are subject to expunction.

Sec. 2a. (a) A person who is entitled to expunction of

information contained in records and files under Article 55.01(d)

may file an application for expunction with the attorney

representing the state in the prosecution of felonies in the

county in which the person resides.

(b) The application must be verified, include authenticated

fingerprint records of the applicant, and include the following

or an explanation for why one or more of the following is not

included:

(1) the applicant's full name, sex, race, date of birth, driver's

license number, social security number, and address at the time

the person who falsely identified himself or herself as the

applicant was arrested;

(2) the following information regarding the arrest:

(A) the date of arrest;

(B) the offense charged against the person arrested;

(C) the name of the county or municipality in which the arrest

occurred; and

(D) the name of the arresting agency; and

(3) a statement that:

(A) the applicant is not the person arrested and for whom the

arrest records and files were created; and

(B) the applicant did not give the person arrested consent to

falsely identify himself or herself as the applicant.

(c) After verifying the allegations in an application received

under Subsection (a), the attorney representing the state shall:

(1) include on the application information regarding the arrest

that was requested of the applicant but was unknown by the

applicant;

(2) forward a copy of the application to the district court for

the county;

(3) attach to the copy a list of all:

(A) law enforcement agencies, jails or other detention

facilities, magistrates, courts, prosecuting attorneys,

correctional facilities, central state depositories of criminal

records, and other officials or agencies or other entities of

this state or of any political subdivision of this state;

(B) central federal depositories of criminal records that are

reasonably likely to have records or files containing information

that is subject to expunction; and

(C) private entities that compile and disseminate for

compensation criminal history record information that are

reasonably likely to have records or files containing information

that is subject to expunction; and

(4) request the court to enter an order directing expunction

based on an entitlement to expunction under Article 55.01(d).

(d) On receipt of a request under Subsection (c), the court

shall, without holding a hearing on the matter, enter a final

order directing expunction.

Sec. 3. (a) In an order of expunction issued under this article,

the court shall require any state agency that sent information

concerning the arrest to a central federal depository to request

the depository to return all records and files subject to the

order of expunction. The person who is the subject of the

expunction order or an agency protesting the expunction may

appeal the court's decision in the same manner as in other civil

cases.

(b) The order of expunction entered by the court shall have

attached and incorporate by reference a copy of the judgment of

acquittal and shall include:

(1) the following information on the person who is the subject of

the expunction order:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver's license number; and

(F) social security number;

(2) the offense charged against the person who is the subject of

the expunction order;

(3) the date the person who is the subject of the expunction

order was arrested;

(4) the case number and court of offense; and

(5) the tracking incident number (TRN) assigned to the individual

incident of arrest under Article 60.07(b)(1) by the Department of

Public Safety.

(c) When the order of expunction is final, the clerk of the

court shall send a certified copy of the order to the Crime

Records Service of the Department of Public Safety and to each

official or agency or other governmental entity of this state or

of any political subdivision of this state designated by the

person who is the subject of the order. The certified copy of

the order must be sent by secure electronic mail, electronic

transmission, or facsimile transmission or otherwise by certified

mail, return receipt requested. In sending the order to a

governmental entity designated by the person, the clerk may elect

to substitute hand delivery for certified mail under this

subsection, but the clerk must receive a receipt for that

hand-delivered order.

(c-1) The Department of Public Safety shall notify any central

federal depository of criminal records by any means, including

secure electronic mail, electronic transmission, or facsimile

transmission, of the order with an explanation of the effect of

the order and a request that the depository, as appropriate,

either:

(1) destroy or return to the court the records in possession of

the depository that are subject to the order, including any

information with respect to the order; or

(2) comply with Section 5(f) pertaining to information contained

in records and files of a person entitled to expunction under

Article 55.01(d).

(c-2) The Department of Public Safety shall also provide, by

secure electronic mail, electronic transmission, or facsimile

transmission, notice of the order to any private entity that is

named in the order or that purchases criminal history record

information from the department. The notice must include an

explanation of the effect of the order and a request that the

entity destroy any information in the possession of the entity

that is subject to the order. The department may charge to a

private entity that purchases criminal history record information

from the department a fee in an amount sufficient to recover

costs incurred by the department in providing notice under this

subsection to the entity.

(d) Any returned receipts received by the clerk from notices of

the hearing and copies of the order shall be maintained in the

file on the proceedings under this chapter.

Sec. 4. (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 statute of limitations has not run and

there is reasonable cause to believe that the state may proceed

against the person for the offense, the court may provide in its

order that the law enforcement agency and the prosecuting

attorney responsible for investigating the offense may retain any

records and files that are necessary to the investigation. In the

case of a person who is the subject of an expunction order on the

basis of an acquittal, the court may provide in the expunction

order that the law enforcement agency and the prosecuting

attorney retain records and files if:

(1) the records and files are necessary to conduct a subsequent

investigation and prosecution of a person other than the person

who is the subject of the expunction order; or

(2) the state establishes that the records and files are

necessary for use in:

(A) another criminal case, including a prosecution, motion to

adjudicate or revoke community supervision, parole revocation

hearing, mandatory supervision revocation hearing, punishment

hearing, or bond hearing; or

(B) a civil case, including a civil suit or suit for possession

of or access to a child.

(b) Unless the person who is the subject of the expunction order

is again arrested for or charged with an offense arising out of

the transaction for which the person was arrested or unless the

court provides for the retention of records and files under

Subsection (a) of this section, the provisions of Articles 55.03

and 55.04 of this code apply to files and records retained under

this section.

Sec. 5. (a) Except as provided by Subsections (f) and (g), on

receipt of the order, each official or agency or other

governmental entity named in the order shall:

(1) return all records and files that are subject to the

expunction order to the court or, if removal is impracticable,

obliterate all portions of the record or file that identify the

person who is the subject of the order and notify the court of

its action; and

(2) delete from its public records all index references to the

records and files that are subject to the expunction order.

(b) Except in the case of a person who is the subject of an

expunction order on the basis of an acquittal or an expunction

order based on an entitlement under Article 55.01(d), the court

may give the person who is the subject of the order all records

and files returned to it pursuant to its order.

(c) Except in the case of a person who is the subject of an

expunction order based on an entitlement under Article 55.01(d)

and except as provided by Subsection (g), if an order of

expunction is issued under this article, the court records

concerning expunction proceedings are not open for inspection by

anyone except the person who is the subject of the order unless

the order permits retention of a record under Section 4 of this

article and the person is again arrested for or charged with an

offense arising out of the transaction for which the person was

arrested or unless the court provides for the retention of

records and files under Section 4(a) of this article. The clerk

of the court issuing the order shall obliterate all public

references to the proceeding and maintain the files or other

records in an area not open to inspection.

(d) Except in the case of a person who is the subject of an

expunction order on the basis of an acquittal or an expunction

order based on an entitlement under Article 55.01(d) and except

as provided by Subsection (g), the clerk of the court shall

destroy all the files or other records maintained under

Subsection (c) not earlier than the 60th day after the date the

order of expunction is issued or later than the first anniversary

of that date unless the records or files were released under

Subsection (b).

(d-1) Not later than the 30th day before the date on which the

clerk destroys files or other records under Subsection (d), the

clerk shall provide notice by mail, electronic mail, or facsimile

transmission to the attorney representing the state in the

expunction proceeding. If the attorney representing the state in

the expunction proceeding objects to the destruction not later

than the 20th day after receiving notice under this subsection,

the clerk may not destroy the files or other records until the

first anniversary of the date the order of expunction is issued

or the first business day after that date.

(e) The clerk shall certify to the court the destruction of files

or other records under Subsection (d) of this section.

(f) On receipt of an order granting expunction to a person

entitled to expunction under Article 55.01(d), each official,

agency, or other governmental entity named in the order:

(1) shall:

(A) obliterate all portions of the record or file that identify

the petitioner; and

(B) substitute for all obliterated portions of the record or

file any available information that identifies the person

arrested; and

(2) may not return the record or file or delete index references

to the record or file.

(g) Notwithstanding any other provision in this section, an

official, agency, court, or other entity may retain receipts,

invoices, vouchers, or similar records of financial transactions

that arose from the expunction proceeding or prosecution of the

underlying criminal cause in accordance with internal financial

control procedures. An official, agency, court, or other entity

that retains records under this subsection shall obliterate all

portions of the record or the file that identify the person who

is the subject of the expunction order.

Amended by Acts 1979, 66th Leg., p. 1333, ch. 604, Sec. 1, eff.

Aug. 27, 1979; Sec. 1(b) amended by Acts 1989, 71st Leg., ch.

803, Sec. 2, eff. Sept. 1, 1989; Sec. 3(a) amended by Acts 1989,

71st Leg., ch. 803, Sec. 3, eff. Sept. 1, 1989; Sec. 5(d), (e)

added by Acts 1989, 71st Leg., ch. 803, Sec. 4, eff. Sept. 1,

1989; Sec. 3(a) amended by Acts 1991, 72nd Leg., ch. 380, Sec. 1,

eff. Aug. 26, 1991; Acts 1999, 76th Leg., ch. 1236, Sec. 2, eff.

Aug. 30, 1999; Sec. 2(a), (b) amended by and Sec. 2(e) added by

Acts 2001, 77th Leg., ch. 945, Sec. 2, eff. June 14, 2001; Sec.

3(c) amended by Acts 2001, 77th Leg., ch. 1021, Sec. 2, eff.

Sept. 1, 2001; Sec. 5 amended by Acts 2001, 77th Leg., ch. 945,

Sec. 3, eff. June 14, 2001; Sec 1 amended by Acts 2003, 78th

Leg., ch. 404, Sec. 1, eff. Sept. 1, 2003; Sec. 2(a) amended by

Acts 2003, 78th Leg., ch. 339, Sec. 2, eff. Sept. 1, 2003; Acts

2003, 78th Leg., ch. 1236, Sec. 2, eff. Sept. 1, 2003; Sec. 2(e)

amended by Acts 2003, 78th Leg., ch. 339, Sec. 7, eff. Sept. 1,

2003; Sec. 2(a) added by Acts 2003, 78th Leg., ch. 339, Sec. 3,

eff. Sept. 1, 2003; Sec. 3(a), 3(b) amended by Acts 2003, 78th

Leg., ch. 404, Sec. 2, eff. Sept. 1, 2003; Sec. 3(c) amended by

Acts 2003, 78th Leg., ch. 339, Sec. 4, eff. Sept. 1, 2003; Sec. 1

amended by Acts 2003, 78th Leg., ch. 404, Sec. 1, eff. Sept. 1,

2003; Sec. 3(a), 3(b) amended by Acts 2003, 78th Leg., ch. 404,

Sec. 2, eff. Sept. 1, 2003; Sec. 5(d) amended by Acts 2003, 78th

Leg., ch. 1126, Sec. 1, eff. June 20, 2003; Sec. 5(d-1) added by

Acts 2003, 78th Leg., ch. 1126, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

177, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

177, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

728, Sec. 4.006, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1309, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

120, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1017, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1017, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1017, Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1017, Sec. 4, eff. September 1, 2007.

Art. 55.03. EFFECT OF EXPUNCTION. When the order of expunction

is final:

(1) the release, maintenance, dissemination, or use of the

expunged records and files for any purpose is prohibited;

(2) except as provided in Subdivision (3) of this article, the

person arrested may deny the occurrence of the arrest and the

existence of the expunction order; and

(3) the person arrested or any other person, when questioned

under oath in a criminal proceeding about an arrest for which the

records have been expunged, may state only that the matter in

question has been expunged.

Added by Acts 1977, 65th Leg., p. 1880, ch. 747, Sec. 1, eff.

Aug. 29, 1977.

Amended by Acts 1979, 66th Leg., p. 1333, ch. 604, Sec. 1, eff.

Aug. 27, 1979; Acts 1999, 76th Leg., ch. 1236, Sec. 3, eff. Aug.

30, 1999; Acts 2001, 77th Leg., ch. 1021, Sec. 3, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1236, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

790, Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

919, Sec. 1, eff. June 18, 2005.

Art. 55.04. VIOLATION OF EXPUNCTION ORDER.

Sec. 1. A person who acquires knowledge 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 and who

knows of an order expunging the records and files relating to

that arrest commits an offense if he knowingly releases,

disseminates, or otherwise uses the records or files.

Sec. 2. A person who knowingly fails to return or to obliterate

identifying portions of a record or file ordered expunged under

this chapter commits an offense.

Sec. 3. An offense under this article is a Class B misdemeanor.

Added by Acts 1977, 65th Leg., p. 1880, ch. 747, Sec. 1, eff.

Aug. 29, 1977.

Amended by Acts 1979, 66th Leg., p. 1333, ch. 604, Sec. 1, eff.

Aug. 27, 1979.

Art. 55.05. NOTICE OF RIGHT TO EXPUNCTION. On release or

discharge of an arrested person, the person responsible for the

release or discharge shall give him a written explanation of his

rights under this chapter and a copy of the provisions of this

chapter.

Added by Acts 1977, 65th Leg., p. 1880, ch. 747, Sec. 1, eff.

Aug. 29, 1977.

Amended by Acts 1979, 66th Leg., p. 1333, ch. 604, Sec. 1, eff.

Aug. 27, 1979.

Art. 55.06. LICENSE SUSPENSIONS AND REVOCATIONS. 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 in Section

524.015, Transportation Code, or Section 724.048 of that code.

Added by Acts 1993, 73rd Leg., ch. 886, Sec. 16, eff. Jan. 1,

1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.08, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1236, Sec. 4, eff. Aug.

30, 1999.