Texas Code of Criminal Procedure

§ 55A.101 — APPELLATE COURT ACQUITTAL OR RECOMMENDATION OF ATTORNEY REPRESENTING STATE

CR § 55A.101Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 55A. EXPUNCTION OF CRIMINAL RECORDS · Art. C. DISCRETIONARY EXPUNCTION

Statute text

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(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 arrest of a person if:

(1)the person is:

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

(B)convicted of the offense; and

(C)acquitted by the court of criminal appeals or, if the period for granting a petition for discretionary review has expired, by a court of appeals; or

(2)an office of the attorney representing the state authorized by law to prosecute the offense for which the person was arrested recommends the expunction to the court before the person is tried for the offense, regardless of whether an indictment or information has been presented against the person with respect to the offense.

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Legislative history

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