Texas: Adult Convictions (TX-C-1)

Records relating to an arrest that led to a conviction can be expunged upon acquittal by a court of appeals. Tex. Code Crim. Proc. Ann. § 55.01(b)(1).

Record Detail(s)

Conviction vacated or reversed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district court for the county where the arrest occurred or where the offense allegedly occurred. For the specific procedure, see Tex. Code Crim. Proc. Ann. § 55.02.

Fees

There is a mandatory fee waiver. Tex. Code Crim. Proc. Ann. § 102.006(b).

Effect

The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.

Waiting Periods

The petition can be filed at immediately upon acquittal.

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