Right to an Expunction Article 55.01 - Texas Code of Criminal Procedure

Article 55.01. RIGHT TO EXPUNCTION.

(a) A person who has been placed under a custodial 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) of this section; or

               (B) convicted and subsequently pardoned; or                           

             (2) each of the following conditions exist:                                  

   (A) an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:

      (i) the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or

     (ii) the court finds that the indictment or information was ismissed or quashed because the presentment had been made because of mistake, false nformation, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;

(B) 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 community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and

(C) the person has not been convicted of a felony in the five years preceding the date of the arrest.

(a-1) Notwithstanding Subsection (a)(2)(C), a person's conviction of a felony in the five years preceding the date of the arrest does not affect the person's entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.

(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:

            (1) tried for the offense for which the person was arrested;

            (2) convicted of the offense; and

            (3) acquitted by the court of criminal appeals.

(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.

(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:

            (1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement; and

            (2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

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Comments (14) Read through and enter the discussion with the form at the end
Paulette Coleman Williams - July 25, 2008 7:08 PM

In an article I read it was stated that people were going to try and get the law passed in Jan 07. The law is for people who has completed the propbation period under a DA and their record would be (unsealed) expunged. My question is was that law passed in 2007? Or do you have to wait till 2009 to try again?

hamid skili - September 24, 2008 12:05 AM

hi im HAMID SKILI.I was arrested in 04/20/2008.atlanta.shooplifthing.felony.im trying to take the arrest from my criminal record.can you help me.my case was dismised.no charge

hamid skili - September 24, 2008 12:06 AM

hi im HAMID SKILI.I was arrested in 04/20/2008.atlanta.shooplifthing.felony.im trying to take the arrest from my criminal record.can you help me.my case was dismised.no charge

john b starr jr - February 27, 2009 10:31 AM

over 50 years ago i was arested in 1957 near temple texas . i was 17 yrs , in jail , scared . court lawyer said take the plee . a fellony [ the only felony in my 69 years of life. ] i nead the aplication to set aside this joke before i die , which shouldnt be long .if the app is emailed to me ill fill it out and mail it there . thankyou

john b starr jr - February 27, 2009 10:32 AM

over 50 years ago i was arested in 1957 near temple texas . i was 17 yrs , in jail , scared . court lawyer said take the plee . a fellony [ the only felony in my 69 years of life. ] i nead the aplication to set aside this joke before i die , which shouldnt be long .if the app is emailed to me ill fill it out and mail it there . thankyou

john b starr jr - February 27, 2009 10:34 AM

over 50 years ago i was arested in 1957 near temple texas . i was 17 yrs , lawyer said take the plee . a fellony [ the only felony in my 69 years of life. ] i nead the aplication to set aside .if the app is emailed to me ill fill it out and mail it there . thankyou

john b starr jr - February 27, 2009 10:40 AM

thanks ampastarr@cfl.rr.com

john b starr jr - February 27, 2009 10:40 AM

thanks ampastarr@cfl.rr.com

Tony Pydyn - April 19, 2009 1:14 PM

convicted of a misdomeanor, a final conviction and served time eliminates one from an opertunity to receive expunction. Is it true one may ask the court for a sealing of the record if a Pardon is aquired.

Jimmie Allen - June 8, 2009 12:50 PM

where is form 55.01 download load the web, Texas expungement of criminal background record

Jeraldmain Crain - September 13, 2009 5:40 AM

I was convicted of robbery by threats (2nd degree felony) and forgery possession (state jail felony) in 1995. I discharged my entire sentence in 2006. I have not been arrested nor convicted for a felony since 1995. What are my chances at having my records expunged?

Barbara Guiterrez - September 23, 2009 1:57 PM

Attempted forgery 1989, a Felony the options that was required by my attorney was to enter a plea of gulity and was reduce to a deffered misdemenour C/A and probation.
The five year anniversary has passed and I was never convicted or sentenced, as stated and It was dismissed and I was discharged from supervision.

I recently had a disclosure, but would like to know if I can have it Expunged. Never had any previous or current arrest other that in 1989.

Barbara Guiterrez - September 24, 2009 1:47 PM

If grandted a disclosure, when applying for a job and asked if ever been arrested/convicted can I state no? What about applying for a school district, will this be provided to the schools?

Pam Smith - February 1, 2010 7:46 AM

n my case the DA agrees that no
crime was committed. He says if
I can prove my entitlement to
expunction pursuant to Article 55.01.
RIGHT TO EXPUNCTION (a)(2)(A)(ii)
then he will agree to it. So I will not have
to wait for the statute of limitations to run.
But I do not know why I haveto prove it
since he admits I am entitled.
Regardless here is my question.
How do I or an attorney get at
the information to prove this?
Is discovery allowed in an expunction
proceeding? Are therealternatives such
as Texas Rules of Civil Procedure Rule 202?

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