Texas Code of Criminal Procedure 55A.053 – Indictment or Information Dismissed or Quashed
(a) A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if:
(1) an indictment or information charging the person with the commission of a misdemeanor offense based on the person’s arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested, when presented at any time following the arrest, was dismissed or quashed; and
(2) the court finds that the indictment or information was dismissed or quashed because:
(A) the person completed a veterans treatment court program created under Chapter 124, Government Code, or former law, subject to Subsection (b);
(B) the person completed a mental health court program created under Chapter 125, Government Code, or former law, subject to Subsection (c);
(C) the person completed a pretrial intervention program authorized under § 76.011, Government Code, other than a program described by Paragraph (A) or (B);
(D) the presentment of the indictment or information was made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense; or
(E) the indictment or information was void.
(b) A person is eligible under Subsection (a)(2)(A) for an expunction of arrest records and files only if the person:
(1) has not previously received an expunction under that paragraph; and
(2) submits to the court an affidavit attesting to that fact.
Terms Used In Texas Code of Criminal Procedure 55A.053
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(c) A person is eligible under Subsection (a)(2)(B) for an expunction of arrest records and files only if the person:
(1) has not previously received an expunction under that paragraph; and
(2) submits to the court an affidavit attesting to that fact.
(d) A person is entitled to an expunction under this article regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired.
Text of article effective on January 01, 2025