Text of article effective on January 01, 2025
Art. 45A.055.  CONFIDENTIAL RECORDS RELATED TO FINE-ONLY MISDEMEANORS.  (a)  Except as provided by Subsections (b) and (c), following the fifth anniversary of the date of a final conviction of, or of a dismissal after deferral of disposition for, a misdemeanor offense punishable by fine only, all records and files and information stored by electronic means or otherwise, from which a record or file could be generated, that are held or stored by or for a justice or municipal court and relate to the person who was convicted of, or who received a dismissal after deferral of disposition for, the offense are confidential and may not be disclosed to the public.
(b)  Records, files, and information subject to Subsection (a) may be open to inspection only:
(1)  by a judge or court staff;
(2)  by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code;
(3)  by the Department of Public Safety;
(4)  by the attorney representing the state;
(5)  by the defendant or the defendant's counsel;
(6)  if the offense is a traffic offense, by an insurance company or surety company authorized to write motor vehicle liability insurance in this state; or
(7)  for the purpose of complying with a requirement under federal law, including a disclosure that is required as a condition of receiving federal highway funds.
(c)  This article does not apply to records, files, and information described by Subsection (a) that relate to an offense that is sexual in nature, as determined by the holder of the records, files, or information.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.