Expunctions and Non-Disclosure

• Author: Robert Gill/Mark G. Daniel
• Pages: 475-520

22-1

CHAPTER 22

EXPUNCTIONS AND

NON-DISCLOSURE

I. Expunctions

§22:01 Statutory Law

§22:02 General Points

§22:03 When Expunction Is Available

§22:04 Expunction or Removal of DNA Records

§22:04.1 Statutory Law

§22:04.2 Petition for Expunction or Removal of DNA Records

II. Petitions for Non-Disclosure of Criminal History Information

§22:10 Statutory Law

§22:11 General Points

III. Forms

Form 22-1.1 Petition for Expunction of Criminal Records (No Indictment or Information

Presented)

Form 22-1.2 Order on Petition for Expunction of Criminal Records

Form 22-1.3 Petition for Expunction of Criminal Records (Waiting Period Expired)

Form 22-1.4 Order on Petition for Expunction of Criminal Records (Waiting Period Expired)

Form 22-1.5 Petition for Expunction of Criminal Records (Waiting Period Not Expired)

Form 22-1.6 Prosecutor’s Certification of No Need for Arrest Records and Files

Form 22-1.7 Order on Petition for Expunction of Criminal Records (Waiting Period Not Expired)

Form 22-2.1 Petition for Expunction of Criminal Records (Petitioner Acquitted)

Form 22-2.2 Order on Petition for Expunction of Criminal Records (Petitioner Acquitted)

TEXAS CRIMINAL FORMS 22-2

Form 22-2.3 Petition for Expunction of Criminal Records (Actual Innocence)

Form 22-2.4 Order on Petition for Expunction of Criminal Records (Actual Innocence)

Form 22-3.1 Petition for Expunction of Criminal Records (Petitioner’s Identity Falsely Used)

Form 22-4.1 Petition for Expunction or Removal of DNA Record

Form 22-4.2 Order on Petition for Expunction or Removal of DNA Record

Form 22-5 Petition for Non-Disclosure of Criminal History Record Information

22-3 EXPUNCTIONS AND NON-DISCLOSURE §22:01

I. EXPUNCTIONS

§22:01 Statutory Law

Tex. Code Crim. Pro. Art. 55.01. Right to Expunction

subsec. (a), as amended by Acts 2011, 82nd Leg.,

ch. 690 (H.B. 351)

(a) A person who has been placed under a cus-

todial or noncustodial arrest for commission

of either a felony or misdemeanor is entitled

to have all records and files relating to the

arrest expunged if:

(1) the person is tried for the offense for

which the person was arrested and is:

(A) acquitted by the trial court, except as

provided by Subsection (c); or

(B) convicted and subsequently:

(i) pardoned for a reason other than that

described by Subparagraph (ii); or

(ii) pardoned or otherwise granted

relief on the basis of actual inno-

cence with respect to that offense, if

the applicable pardon or court order

clearly indicates on its face that the

pardon or order was granted or ren-

dered on the basis of the person’s

actual innocence; or

(2) the person has been released and the

charge, if any, has not resulted in a final

conviction and is no longer pending

and there was no court-ordered com-

munity supervision under Article 42.12

for the offense, unless the offense is a

Class C misdemeanor, provided that:

(A) regardless of whether any statute of

limitations exists for the offense and

whether any limitations period for the

offense has expired, an indictment or

information charging the person with

the commission of a misdemeanor

offense based on the person’s arrest or

charging the person with the commis-

sion of any felony offense arising out

of the same transaction for which the

person was arrested:

(i) has not been presented against the

person at any time following the

arrest, and:

(a) at least 180 days have elapsed

from the date of arrest if the

arrest for which the expunction

was sought was for an offense

punishable as a Class C mis-

demeanor and if there was no

felony charge arising out of the

same transaction for which the

person was arrested;

(b) at least one year has elapsed

from the date of arrest if the

arrest for which the expunction

was sought was for an offense

punishable as a Class B or A

misdemeanor and if there was

no felony charge arising out of

the same transaction for which

the person was arrested;

(c) at least three years have elapsed

from the date of arrest if the

arrest for which the expunction

was sought was for an offense

punishable as a felony or if there

was a felony charge arising out

of the same transaction for which

the person was arrested; or

(d) the attorney representing the state

certifies that the applicable arrest

records and files are not needed

for use in any criminal investiga-

tion or prosecution, including an

investigation or prosecution of

another person; or

(ii) if presented at any time following

the arrest, was dismissed or quashed,

and the court finds that the indict-

ment or information was dismissed

or quashed because the person com-

pleted a pretrial intervention program

authorized under Section 76.011,

Government Code, or because the

presentment had been made because

of mistake, false information, or other

similar reason indicating absence of

probable cause at the time of the dis-

missal to believe the person commit-

ted the offense, or because the indict-

ment or information it was void; or

(B) prosecution of the person for the offense

for which the person was arrested is no

longer possible because the limitations

period has expired.

subsec. (a), as amended by Acts 2011, 82nd Leg., ch.

894 (S.B. 462),