Tex. Code of Crim. Proc. Article 45.0216
Expunction of Certain Conviction Records


(a)

In this article, “child” has the meaning assigned by Section 51.02 (Definitions), 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 Section 8.07 (Age Affecting Criminal Responsibility)(a)(4) or (5), Penal Code, while the person was a child; or

(2)

the person was convicted only once of an offense under Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor), Penal Code.

(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 Section 8.07 (Age Affecting Criminal Responsibility)(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by Section 8.07 (Age Affecting Criminal Responsibility)(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 Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor), Penal Code, the person was not found to have engaged in conduct indicating a need for supervision described by Section 51.03 (Delinquent Conduct; Conduct Indicating a Need for Supervision)(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 (Provisions Relating to Age), Alcoholic Beverage Code; or

(2)

Chapter 161 (Public Health Provisions), 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 (Dismissal of Misdemeanor Charge on Completion of Teen Court Program) 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 (Expunction of Criminal Records).
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 50, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 886 (S.B. 1426), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 13, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 14, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 5.002, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 13, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.17 (Conservator of the Peace), eff. January 1, 2020.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.

Source: Article 45.0216 — Expunction of Certain Conviction Records, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45.­htm#45.­0216 (accessed Apr. 20, 2024).

45.001
Objectives of Chapter
45.002
Application of Chapter
45.003
Definition for Certain Prosecutions
45.004
General Definition
45.011
Rules of Evidence
45.012
Electronically Created Records
45.013
Filing with Clerk by Mail
45.015
Defendant Placed in Jail
45.016
Personal Bond
45.017
Criminal Docket
45.018
Complaint
45.020
Appearance by Counsel
45.021
Pleadings
45.022
Plea of Guilty or Nolo Contendere
45.023
Defendant’s Plea
45.024
Defendant’s Refusal to Plead
45.025
Defendant May Waive Jury
45.026
Jury Trial
45.027
Jury Summoned
45.028
Other Jurors Summoned
45.029
Peremptory Challenges
45.030
Formation of Jury
45.031
Counsel for State Not Present
45.032
Directed Verdict
45.033
Jury Charge
45.034
Jury Kept Together
45.035
Mistrial
45.036
Verdict
45.037
Motion for New Trial
45.038
New Trial Granted
45.039
Only One New Trial Granted
45.040
State Not Entitled to New Trial
45.042
Appeal
45.043
Effect of Appeal
45.044
Forfeiture of Cashbond in Satisfaction of Fine
45.046
Commitment
45.047
Civil Collection of Fines After Judgment
45.048
Discharged from Jail
45.050
Failure to Pay Fine
45.052
Dismissal of Misdemeanor Charge on Completion of Teen Court Program
45.053
Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person
45.056
Juvenile Case Managers
45.058
Children Taken into Custody
45.060
Unadjudicated Children, Now Adults
45.061
Proceedings Concerning Electronic Transmission of Certain Visual Material Depicting Minor
45.101
Justice Court Prosecutions
45.102
Offenses Committed in Another County
45.103
Warrant Without Complaint
45.0201
Appearance by Telephone or Videoconference
45.201
Municipal Prosecutions
45.202
Service of Process
45.203
Collection of Fines and Costs
45.0211
Plea by Defendant Charged with Family Violence Offense
45.0215
Plea by Minor and Appearance of Parent
45.0216
Expunction of Certain Conviction Records
45.0217
Confidential Records Related to Charges Against or Conviction of a Child
45.0218
Confidential Records Related to Fine-only Misdemeanor
45.0241
Acceptance of Defendant’s Plea
45.301
Definitions
45.302
Applicability
45.303
Transfer to Juvenile Court Not Affected
45.304
Diversion Eligibility
45.305
Diversion Strategies
45.306
Youth Diversion Plan
45.307
Youth Diversion Coordinator
45.308
Diversion Agreement
45.309
Intermediate Diversion
45.310
Diversion by Justice or Judge
45.311
Referral to Court
45.312
Local Youth Diversion Administrative Fee
45.313
Diversion Records
45.0425
Appeal Bond
45.0426
Filing Bond Perfects Appeal
45.0445
Reconsideration of Satisfaction of Fine or Costs
45.0492
Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants
45.0511
Driving Safety Course or Motorcycle Operator Course Dismissal Procedures
45.0541
Expunction of Failure to Attend School Records

Accessed:
Apr. 20, 2024

Art. 45.0216’s source at texas​.gov