Texas Code of Criminal Procedure
§ 55A.302 — RETENTION OF CERTAIN RECORDS AFTER EXPUNCTION
CR § 55A.302Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 55A. EXPUNCTION OF CRIMINAL RECORDS · Art. G. EXPUNCTION ORDER
Statute text
View on source(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 limitations period has not expired and there is reasonable cause to believe that the state may proceed against the person for the offense, the court may provide in the order that the law enforcement agency and the attorney representing the state responsible for investigating the offense retain any records and files that are necessary to the investigation.
(b)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 attorney representing the state 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.
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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.