Texas Code of Criminal Procedure 55A.101 – Appellate Court Acquittal or Recommendation of Attorney Representing State
(a) Except as provided by Article 55A.151 and subject to Subsection (b), a district court, a justice court, or a municipal court of record may expunge all records and files relating to the arrest of a person if:
(1) the person is:
(A) tried for the offense for which the person was arrested;
(B) convicted of the offense; and
(C) acquitted by the court of criminal appeals or, if the period for granting a petition for discretionary review has expired, by a court of appeals; or
(2) an office of the attorney representing the state authorized by law to prosecute the offense for which the person was arrested recommends the expunction to the court before the person is tried for the offense, regardless of whether an indictment or information has been presented against the person with respect to the offense.
(b) A justice court or a municipal court of record may only expunge records and files under Subsection (a) that relate to the arrest of a person for an offense punishable by fine only.
Text of article effective on January 01, 2025
Terms Used In Texas Code of Criminal Procedure 55A.101
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.