Texas Code of Criminal Procedure 2.28 – Duties Regarding Misused Identity
Terms Used In Texas Code of Criminal Procedure 2.28
- Arrest: Taking physical custody of a person by lawful authority.
- 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
On receipt of information to the effect that a person‘s identifying information was falsely given by a person arrested as the arrested person’s identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:
(1) notify the person that:
(A) the person’s identifying information was misused by another person arrested in the county;
(B) the person may file a declaration with the Department of Public Safety under § 411.0421, Government Code; and
(C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and
(2) notify the Department of Public Safety regarding:
(A) the misuse of the identifying information;
(B) the actual identity of the person arrested, if known by the agency; and
(C) whether the agency was able to notify the person whose identifying information was misused.
Text of article effective until January 01, 2025