Texas Government Code
Sec. § 411.151
Expunction or Removal of Dna Records


(a)

The director shall expunge a DNA record of an individual from a DNA database if the person:

(1)

notifies the director in writing that the DNA record has been ordered to be expunged under this section or Chapter 55 (Expunction of Criminal Records), Code of Criminal Procedure, and provides the director with a certified copy of the court order that expunges the DNA record; or

(2)

provides the director with a certified copy of a court order issued under Subchapter C-1, Chapter 58 (Records; Juvenile Justice Information System), Family Code, that seals the juvenile record of the adjudication that resulted in the DNA record.

(b)

A person may petition for the expunction of a DNA record under the procedures established under Article 55.02, Code of Criminal Procedure, if the person is entitled to the expunction of records relating to the offense to which the DNA record is related under Article 55.01 (Right to Expunction), Code of Criminal Procedure.

(c)

This section does not require the director to expunge a record or destroy a sample if the director determines that the individual is otherwise required to submit a DNA sample under this subchapter.

(d)

The director by rule may permit administrative removal of a record, sample, or other information erroneously included in a database.

(e)

The department’s failure to expunge a DNA record as required by this section may not serve as the sole grounds for a court in a criminal proceeding to exclude evidence based on or derived from the contents of that record.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 44, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 13, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 20, eff. September 1, 2017.
Source
Last accessed
Aug. 8, 2020