Tex. Code Crim. Proc. art. 55A.302 · Subchapter G. EXPUNCTION ORDER
RETENTION OF CERTAIN RECORDS AFTER EXPUNCTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the state establishes that the person who is the subject of an expunction order is still subject to conviction for an offense arising out of the transaction for which the person was arrested because the limitations period has not expired and there is reasonable cause to believe that the state may proceed against the person for the offense, the court may provide in the order that the law enforcement agency and the attorney representing the state responsible for investigating the offense retain any records and files that are necessary to the investigation.
(b) In the case of a person who is the subject of an expunction order on the basis of an acquittal, the court may provide in the expunction order that the law enforcement agency and the attorney representing the state retain records and files if:
(1) the records and files are necessary to conduct a subsequent investigation and prosecution of a person other than the person who is the subject of the expunction order; or
(2) the state establishes that the records and files are necessary for use in:
(A) another criminal case, including a prosecution, motion to adjudicate or revoke community supervision, parole revocation hearing, mandatory supervision revocation hearing, punishment hearing, or bond hearing; or
(B) a civil case, including a civil suit or suit for possession of or access to a child.
(c) The court shall provide in the expunction order that the applicable law enforcement agency and attorney representing the state may retain the arrest records and files of any person who becomes entitled to an expunction of those records and files based on the expiration of a period described by Article 55A.052(a)(1), (2), or (3), but without the certification of the attorney representing the state as described by Article 55A.052(a)(4).
(d) Articles 55A.401 and 55A.402 apply to records and files retained under this article unless:
(1) the person who is the subject of the expunction order is again arrested for or charged with an offense arising out of the transaction for which the person was arrested; or
(2) the court provides for the retention of records and files under Subsection (b) or (c).
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 5f388a5e570505ca5f80a48ddb78a906e366734cdeb9eb2da4a280014447e929
- 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
- Tex. Code Crim. Proc. art. 55A.052INDICTMENT OR INFORMATION NOT PRESENTED.Printed as Article 55A.052(a)(1) | Article 55A.052(a)(4)
- Tex. Code Crim. Proc. art. 55A.401EFFECT OF FINAL EXPUNCTION ORDER.Printed as Articles 55A.401 and 55A.402
- Tex. Code Crim. Proc. art. 55A.402OFFENSE FOR VIOLATION OF EXPUNCTION ORDER.Printed as Articles 55A.401 and 55A.402
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 55A.302. Each shows the citation as that text prints it.
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.