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Terms Used In Texas Code of Criminal Procedure 55A.003

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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

A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if:
(1) the person is:
(A) tried for and convicted of the offense for which the person was arrested; and
(B) subsequently pardoned or otherwise granted relief on the basis of actual innocence with respect to that offense; and
(2) the applicable pardon or court order clearly indicates on its face that the pardon or order was granted or issued on the basis of the person’s actual innocence.


Text of article effective on January 01, 2025