Texas Code of Criminal Procedure 55A.256 – Application for Expunction Based On Mistaken Identity
(a) A person who is entitled to the expunction of information contained in records and files under Article 55A.006 may file an application for expunction with the attorney representing the state in the prosecution of felonies in the county in which the person resides.
(b) The application must be verified, include authenticated fingerprint records of the applicant, and include the following or an explanation for why one or more of the following is not included:
(1) the applicant’s:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver’s license number;
(F) social security number; and
(G) address at the time of the applicable arrest;
(2) the following information regarding the arrest:
(A) the date of arrest;
(B) the offense charged against the person arrested;
(C) the name of the county or municipality in which the arrest occurred; and
(D) the name of the arresting agency; and
(3) a statement, as appropriate, that the applicant:
(A) was arrested solely as a result of identifying information that was inaccurate due to a clerical error; or
(B) is not the person arrested and for whom the arrest records and files were created and did not give the arrested person consent to falsely identify himself or herself as the applicant.
Terms Used In Texas Code of Criminal Procedure 55A.256
- 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
(c) After verifying the allegations in the application, the attorney representing the state shall:
(1) include on the application information regarding the arrest that was requested of the applicant but was unknown by the applicant;
(2) forward a copy of the application to the district court for the county;
(3) together with the applicable physical or e-mail addresses, attach to the copy a list of all:
(A) law enforcement agencies, jails or other detention facilities, magistrates, courts, attorneys representing the state, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;
(B) central federal depositories of criminal records that are reasonably likely to have records or files containing information that is subject to expunction; and
(C) private entities that compile and disseminate for compensation criminal history record information that are reasonably likely to have records or files containing information that is subject to expunction; and
(4) request the court to enter an order directing expunction based on an entitlement to expunction under Article 55A.006.
(d) On receipt of a request under Subsection (c), the court shall, without holding a hearing on the matter, enter a final order directing expunction.
Text of article effective on January 01, 2025