Texas Government Code 411.151 – Expunction or Removal of DNA Records
Current as of: 2024 | Check for updates
|
Other versions
(a) The director shall expunge a DNA record of an individual from a DNA database if:
(1) the director receives:
(A) an order of expunction under Article 55.02, Code of Criminal Procedure; or
(B) a request from a court under § 411.1471(e); or
(2) the person provides the director with a certified copy of a court order issued under Subchapter C-1, Chapter 58, Family Code, that seals the juvenile record of the adjudication that resulted in the DNA record.
(b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 543 (H.B. 3956), Sec. 5, eff. September 1, 2023.
Terms Used In Texas Government Code 411.151
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Rule: includes regulation. See Texas Government Code 311.005
(c) This section does not require the director to expunge a record or destroy a sample if the director determines that the individual is otherwise required to submit a DNA sample under this subchapter.
(d) The director by rule may permit administrative removal of a record, sample, or other information erroneously included in a database.
(e) The department’s failure to expunge a DNA record as required by this section may not serve as the sole grounds for a court in a criminal proceeding to exclude evidence based on or derived from the contents of that record.