Texas Code of Criminal Procedure 45.0216 – Expunction of Certain Conviction Records
Current as of: 2024 | Check for updates
|
Other versions
(a) In this article, “child” has the meaning assigned by § 51.02, Family Code.
(b) A person may apply to the court in which the person was convicted to have the conviction expunged as provided by this article on or after the person’s 17th birthday if:
(1) the person was convicted of not more than one offense described by § 8.07(a)(4) or (5), Penal Code, while the person was a child; or
(2) the person was convicted only once of an offense under § 43.261, Penal Code.
Terms Used In Texas Code of Criminal Procedure 45.0216
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The person must make a written request to have the records expunged. The request must be under oath.
(d) The request must contain the person’s statement that the person was not convicted of any additional offense or found to have engaged in conduct indicating a need for supervision as described by Subsection (f)(1) or (2), as applicable.
(e) The judge shall inform the person and any parent in open court of the person’s expunction rights and provide them with a copy of this article.
(f) The court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged from the person’s record if the court finds that:
(1) for a person applying for the expunction of a conviction for an offense described by § 8.07(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by § 8.07(a)(4) or (5), Penal Code, while the person was a child; and
(2) for a person applying for the expunction of a conviction for an offense described by § 43.261, Penal Code, the person was not found to have engaged in conduct indicating a need for supervision described by § 51.03(b)(6), Family Code, while the person was a child.
(f-1) After entry of an order under Subsection (f), the person is released from all disabilities resulting from the conviction and the conviction may not be shown or made known for any purpose.
(g) This article does not apply to any offense otherwise covered by:
(1) Chapter 106, Alcoholic Beverage Code; or
(2) Chapter 161, Health and Safety Code.
(h) Records of a person under 17 years of age relating to a complaint may be expunged under this article if:
(1) the complaint was dismissed under Article 45.051 or 45.052 or other law; or
(2) the person was acquitted of the offense.
(i) The justice or municipal court shall require a person who requests expungement under this article to pay a reimbursement fee in the amount of $30 to defray the cost of notifying state agencies of orders of expungement under this article.
(j) The procedures for expunction provided under this article are separate and distinct from the expunction procedures under Chapter 55.
Text of article effective until January 01, 2025