Tex.
Code of Crim. Proc. Article 55A.356
Inspection and Disposition of Court’s Records Concerning Expunction
(a)
Except in the case of a person who is the subject of an expunction order based on an entitlement under Article 55A.006 (Mistaken Identity) and except as provided by Article 55A.357 (Retention of Financial Transaction Records), if an expunction order is issued under Subchapter E or F, the court records concerning expunction proceedings are not open for inspection by any person except the person who is the subject of the order unless:(1)
the order permits retention of a record under Article 55A.302 (Retention of Certain Records After Expunction) and the person 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 Article 55A.302 (Retention of Certain Records After Expunction)(a).(b)
The clerk of the court issuing the order shall obliterate all public references to the proceeding and maintain the files or other records in an area not open to inspection.(c)
Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitlement under Article 55A.006 (Mistaken Identity) and except as provided by Article 55A.357 (Retention of Financial Transaction Records), the clerk of the court shall destroy all the files or other records maintained under Subsection (b) not earlier than the 60th day after the date the order is issued or later than the first anniversary of that date, unless the records or files were released under Article 55A.355 (Providing Expunged Records to Person Who Is Subject of Expunction).(d)
Not later than the 30th day before the date on which the clerk destroys files or other records under Subsection (c), the clerk shall provide notice by mail, electronic mail, or facsimile transmission to the attorney representing the state in the expunction proceeding. If the attorney representing the state in the expunction proceeding objects to the destruction not later than the 20th day after receiving notice under this subsection, the clerk may not destroy the files or other records until the first anniversary of the date the expunction order is issued or the first business day after that date.(e)
The clerk shall certify to the court the destruction of files or other records under Subsection (c).
Source:
Article 55A.356 — Inspection and Disposition of Court's Records Concerning Expunction, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55A.htm#55A.356 (accessed Jun. 5, 2024).
