(a) If the state establishes that the person who is the subject of an expunction order is still subject to conviction for an offense arising out of the transaction for which the person was arrested because the limitations period has not expired and there is reasonable cause to believe that the state may proceed against the person for the offense, the court may provide in the order that the law enforcement agency and the attorney representing the state responsible for investigating the offense retain any records and files that are necessary to the investigation.
(b) In the case of a person who is the subject of an expunction order on the basis of an acquittal, the court may provide in the expunction order that the law enforcement agency and the attorney representing the state retain records and files if:
(1) the records and files are necessary to conduct a subsequent investigation and prosecution of a person other than the person who is the subject of the expunction order; or
(2) the state establishes that the records and files are necessary for use in:
(A) another criminal case, including a prosecution, motion to adjudicate or revoke community supervision, parole revocation hearing, mandatory supervision revocation hearing, punishment hearing, or bond hearing; or
(B) a civil case, including a civil suit or suit for possession of or access to a child.

criminal case

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Terms Used In Texas Code of Criminal Procedure 55A.302

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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) The court shall provide in the expunction order that the applicable law enforcement agency and attorney representing the state may retain the arrest records and files of any person who becomes entitled to an expunction of those records and files based on the expiration of a period described by Article 55A.052(a)(1), (2), or (3), but without the certification of the attorney representing the state as described by Article 55A.052(a)(4).
(d) Articles 55A.401 and 55A.402 apply to records and files retained under this article unless:
(1) the person who is the subject of the expunction order is again arrested for or charged with an offense arising out of the transaction for which the person was arrested; or
(2) the court provides for the retention of records and files under Subsection (b) or (c).


Text of article effective on January 01, 2025

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