Texas Code of Criminal Procedure 55A.356 – Inspection and Disposition of Court’s Records Concerning Expunction
(a) Except in the case of a person who is the subject of an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, if an expunction order is issued under Subchapter E or F, the court records concerning expunction proceedings are not open for inspection by any person except the person who is the subject of the order unless:
(1) the order permits retention of a record under Article 55A.302 and the person 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 Article 55A.302(a).
(b) The clerk of the court issuing the order shall obliterate all public references to the proceeding and maintain the files or other records in an area not open to inspection.
Terms Used In Texas Code of Criminal Procedure 55A.356
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- 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) Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, the clerk of the court shall destroy all the files or other records maintained under Subsection (b) not earlier than the 60th day after the date the order is issued or later than the first anniversary of that date, unless the records or files were released under Article 55A.355.
(d) Not later than the 30th day before the date on which the clerk destroys files or other records under Subsection (c), the clerk shall provide notice by mail, electronic mail, or facsimile transmission to the attorney representing the state in the expunction proceeding. If the attorney representing the state in the expunction proceeding objects to the destruction not later than the 20th day after receiving notice under this subsection, the clerk may not destroy the files or other records until the first anniversary of the date the expunction order is issued or the first business day after that date.
(e) The clerk shall certify to the court the destruction of files or other records under Subsection (c).
Text of article effective on January 01, 2025