Texas: Adult Diversion/Deferral Program (TX-D-6)

Records relating to a case dismissed or quashed following successful completion of a veterans treatment court program can be expunged by the court immediately. Tex. Code Crim. Proc. Art. 55.01(a)(2)(A)(ii)(a).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

By petition or court's own motion

Remedy

Expunge

Ineligible Category or Citation

Tex. Code Crim. Proc. Art. 55.01(a)(2)(A)(ii)(a).

Procedure General

The court may, with the consent of the prosecutor, enter an order of expungement within 30 days of dismissal. For the specific procedure, see Tex. Code Crim. Proc. Art. 55.02 sec. 1a(a-1).

Fees

No fee may be charged. Tex. Code Crim. Proc. Art. 55.02 sec. 1a(a-1).

Effect

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

Waiting Periods

There is no statutory language regarding a waiting period.

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