Texas Code of Criminal Procedure 55A.201 – Trial Court Acquittal
Current as of: 2024 | Check for updates
|
Other versions
(a) At the request of the acquitted person and after notice to the state, or at the request of the attorney representing the state with the consent of the acquitted person, an expunction order shall be entered, not later than the 30th day after the date of the acquittal, for a person entitled to expunction under Article 55A.002 by:
(1) the trial court presiding over the case in which the person was acquitted, if the court is:
(A) a district court;
(B) a justice court; or
(C) a municipal court of record; or
(2) a district court in the county in which the trial court is located.
(b) On acquittal, the trial court shall advise the acquitted person of the right to expunction.
Terms Used In Texas Code of Criminal Procedure 55A.201
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- 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
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The party requesting the expunction order shall provide to the court all of the information required in a petition for expunction under Article 55A.253.
(d) An expunction order under this article shall be prepared for the court’s signature by:
(1) the attorney for the acquitted person in the case in which the person was acquitted, if the acquitted person was represented by an attorney; or
(2) the attorney representing the state, if the person was not represented by an attorney or if the attorney representing the state requested the order.
Text of article effective on January 01, 2025