Texas Code of Criminal Procedure

§ 55A.006 — MISTAKEN IDENTITY

CR § 55A.006Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 55A. EXPUNCTION OF CRIMINAL RECORDS · Art. A. MANDATORY EXPUNCTION

Statute text

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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 security number, contained in records and files relating to the person's arrest or the arrest of another person if:

(1)the expunction of identifying information is sought with respect to the arrest of the person asserting the entitlement and the person was arrested solely as a result of identifying information that was inaccurate due to a clerical error; or

(2)the expunction of identifying information is sought with respect to the arrest of a person other than the person asserting the entitlement and:

(A)the information identifying the person asserting the entitlement was falsely given by the arrested person as the arrested person's identifying information without the consent of the person asserting the entitlement; and

(B)the only reason why the identifying information of the person asserting the entitlement is contained in the applicable arrest records and files is the deception of the arrested person.

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.