Texas Alcoholic Beverage Code 106.12 – Expunction of Conviction or Arrest Records of a Minor
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(a) Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged.
(b) The application shall contain the applicant‘s sworn statement that he was not convicted of any violation of this code while a minor other than the one he seeks to have expunged.
Terms Used In Texas Alcoholic Beverage Code 106.12
- Applicant: means a person who submits or files an original or renewal application with the commission for a license or permit. See Texas Alcoholic Beverage Code 1.04
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) If the court finds that the applicant was not convicted of any other violation of this code while he was a minor, the court shall order the conviction, together with all complaints, verdicts, sentences, prosecutorial and law enforcement records, and other documents relating to the offense, to be expunged from the applicant’s record. After entry of the order, the applicant shall be released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose.
(d) Any person placed under a custodial or noncustodial arrest for not more than one incident in violation of this code while a minor and who was not convicted of the violation may apply to the court in which the person was charged to have the records of the arrest expunged. The application must contain the applicant’s sworn statement that the applicant was not arrested for an event leading to a violation of this code other than the arrest the applicant seeks to expunge. If the court finds the applicant was not arrested for any other event leading to a violation of this code while a minor, the court shall order all complaints, verdicts, prosecutorial and law enforcement records, and other documents relating to the violation to be expunged from the applicant’s record. If the event leading to a violation of this code included multiple violations during this event all violations of this code are eligible for expungement.
(e) The court shall charge an applicant a fee in the amount of $30 for each application for expunction filed under this section to defray the cost of notifying state agencies of orders of expunction under this section.
Text of subsection effective until January 01, 2025
(f) The procedures for expunction provided under this section are separate and distinct from the expunction procedures under Chapter 55, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(f) The procedures for expunction provided under this section are separate and distinct from the expunction procedures under Chapter 55A, Code of Criminal Procedure.