Tex. Code of Crim. Proc. Article 55A.006
Mistaken Identity

Notwithstanding the limitation provided by Article 55A.001 (Applicability of Subchapter), 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.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Source: Article 55A.006 — Mistaken Identity, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­55A.­htm#55A.­006 (accessed Jun. 5, 2024).

55A.001
Applicability of Subchapter 55A.002
Following Trial Court Acquittal 55A.003
Pardon for Actual Innocence 55A.004
Pardon for Reason Other than Actual Innocence 55A.005
Unlawful Carrying of Handgun 55A.006
Mistaken Identity 55A.051
Applicability of Subchapter 55A.052
Indictment or Information Not Presented 55A.053
Indictment or Information Dismissed or Quashed 55A.054
Expiration of Limitations Period 55A.101
Appellate Court Acquittal or Recommendation of Attorney Representing State 55A.151
Conviction or Potential Prosecution Arising from Same Criminal Episode 55A.152
Driver’s License Suspension or Revocation 55A.153
Arrest for Violation of Community Supervision 55A.154
Certain Persons Absconding After Arrest 55A.201
Trial Court Acquittal 55A.202
Pardon for Actual Innocence 55A.203
Certain Specialty Court Programs 55A.204
Duties of Attorney Representing State Regarding Expunction Order 55A.205
Required Content of Expunction Order 55A.206
Required Retention of Certain Documents by Court 55A.251
Filing of Petition 55A.252
Filing Certain Petitions in Justice or Municipal Court 55A.253
Contents of Petition 55A.254
Hearing 55A.255
Entry of Expunction Order 55A.256
Application for Expunction Based on Mistaken Identity 55A.257
Department of Public Safety May File Petition on Person’s Behalf 55A.258
Expunction on Behalf of Deceased Person 55A.301
Required Content 55A.302
Retention of Certain Records After Expunction 55A.303
Appeal 55A.351
Notice of Expunction Order 55A.352
Duty of Department of Public Safety 55A.353
Disposition of Expunged Records 55A.354
Disposition of Records Expunged Due to Mistaken Identity 55A.355
Providing Expunged Records to Person Who Is Subject of Expunction 55A.356
Inspection and Disposition of Court’s Records Concerning Expunction 55A.357
Retention of Financial Transaction Records 55A.401
Effect of Final Expunction Order 55A.402
Offense for Violation of Expunction Order 55A.451
Notice of Expunction Law to Persons Released Following Arrest
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

Art. 55A.006’s source at texas​.gov