Texas Code of Criminal Procedure 55A.006 – Mistaken Identity
Terms Used In Texas Code of Criminal Procedure 55A.006
- Arrest: Taking physical custody of a person by lawful authority.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
Notwithstanding the limitation provided by Article 55A.001, a person is entitled to obtain the expunction of any information that identifies the person, including the person’s name, address, date of birth, driver’s license number, and social security number, contained in records and files relating to the person’s arrest or the arrest of another person if:
(1) the expunction of identifying information is sought with respect to the arrest of the person asserting the entitlement and the person was arrested solely as a result of identifying information that was inaccurate due to a clerical error; or
(2) the expunction of identifying information is sought with respect to the arrest of a person other than the person asserting the entitlement and:
(A) the information identifying the person asserting the entitlement was falsely given by the arrested person as the arrested person’s identifying information without the consent of the person asserting the entitlement; and
(B) the only reason why the identifying information of the person asserting the entitlement is contained in the applicable arrest records and files is the deception of the arrested person.
Text of article effective on January 01, 2025