SUBCHAPTER E.  PROCEDURES FOR AUTOMATIC ENTRY OF EXPUNCTION ORDER


Text of article effective on January 01, 2025

Art. 55A.201.  TRIAL COURT ACQUITTAL.  (a)  At the request of the acquitted person and after notice to the state, or at the request of the attorney representing the state with the consent of the acquitted person, an expunction order shall be entered, not later than the 30th day after the date of the acquittal, for a person entitled to expunction under Article 55A.002 by:
(1)  the trial court presiding over the case in which the person was acquitted, if the court is:
(A)  a district court;
(B)  a justice court; or
(C)  a municipal court of record; or
(2)  a district court in the county in which the trial court is located.
(b)  On acquittal, the trial court shall advise the acquitted person of the right to expunction.
(c)  The party requesting the expunction order shall provide to the court all of the information required in a petition for expunction under Article 55A.253.
(d)  An expunction order under this article shall be prepared for the court's signature by:
(1)  the attorney for the acquitted person in the case in which the person was acquitted, if the acquitted person was represented by an attorney; or
(2)  the attorney representing the state, if the person was not represented by an attorney or if the attorney representing the state requested the order.  
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.