Tex. Code Crim. Proc. art. 55A.006 · Subchapter A. MANDATORY EXPUNCTION
MISTAKEN IDENTITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Notwithstanding the limitation provided by Article 55A.001, a person is entitled to obtain the expunction of 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 person's arrest or the arrest of another person if:
(1) the expunction of identifying information is sought with respect to the arrest of the person asserting the entitlement and the person was arrested solely as a result of identifying information that was inaccurate due to a clerical error; or
(2) the expunction of identifying information is sought with respect to the arrest of a person other than the person asserting the entitlement and:
(A) the information identifying the person asserting the entitlement was falsely given by the arrested person as the arrested person's identifying information without the consent of the person asserting the entitlement; and
(B) the only reason why the identifying information of the person asserting the entitlement is contained in the applicable arrest records and files is the deception of the arrested person.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55A.htm
- Text hash
- sha256 e083e163e274254edd4ab1a3d0bd8a32b5b919cda71645a60c1a4f4edcee480a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Cited by 5 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 55A.006. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 55A.256APPLICATION FOR EXPUNCTION BASED ON MISTAKEN IDENTITY.Printed as Article 55A.006
- Tex. Code Crim. Proc. art. 55A.352DUTY OF DEPARTMENT OF PUBLIC SAFETY.Printed as Article 55A.006
- Tex. Code Crim. Proc. art. 55A.354DISPOSITION OF RECORDS EXPUNGED DUE TO MISTAKEN IDENTITY.Printed as Article 55A.006
- Tex. Code Crim. Proc. art. 55A.355PROVIDING EXPUNGED RECORDS TO PERSON WHO IS SUBJECT OF EXPUNCTION.Printed as Article 55A.006
- Tex. Code Crim. Proc. art. 55A.356INSPECTION AND DISPOSITION OF COURT'S RECORDS CONCERNING EXPUNCTION.Printed as Article 55A.006
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.