Texas Code of Criminal Procedure 55A.352 – Duty of Department of Public Safety
(a) In this article, “department” means the Department of Public Safety.
(b) The department shall notify any central federal depository of criminal records by any means, including secure electronic mail, electronic transmission, or facsimile transmission, of an order received under Article 55A.351(a) 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 Article 55A.354 pertaining to information contained in records and files of a person entitled to expunction under Article 55A.006.
Terms Used In Texas Code of Criminal Procedure 55A.352
- 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 department shall 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.
(d) The notice under Subsection (c) must include an explanation of the effect of the order and a request that the private entity destroy any information in the possession of the entity that is subject to the order.
(e) 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 Subsection (c).
Text of article effective on January 01, 2025