(a) On determining that the defendant has complied with the requirements imposed by the judge under this subchapter, the judge shall dismiss the complaint.
(b) If a complaint is dismissed under Subsection (a), there is not a final conviction and the complaint may not be used against the person for any purpose.

Terms Used In Texas Code of Criminal Procedure 45A.305

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) The docket must clearly note that the judge dismissed the complaint and that there is not a final conviction.
(d) Records relating to a complaint dismissed as provided by Subsection (a) may be expunged under Subchapter A, B, or C, Chapter 55A.


Text of article effective on January 01, 2025