Text of article effective on January 01, 2025

Art. 55A.053. INDICTMENT OR INFORMATION DISMISSED OR QUASHED. (a) A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if:

(1) an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested, when presented at any time following the arrest, was dismissed or quashed; and

(2) the court finds that the indictment or information was dismissed or quashed because:

(A) the person completed a veterans treatment court program created under Chapter 124, Government Code, or former law, subject to Subsection (b);

(B) the person completed a mental health court program created under Chapter 125, Government Code, or former law, subject to Subsection (c);

(C) the person completed a pretrial intervention program authorized under Section 76.011, Government Code, other than a program described by Paragraph (A) or (B);

(D) the presentment of the indictment or information was made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense; or

(E) the indictment or information was void.

(b) A person is eligible under Subsection (a)(2)(A) for an expunction of arrest records and files only if the person:

(1) has not previously received an expunction under that paragraph; and

(2) submits to the court an affidavit attesting to that fact.

(c) A person is eligible under Subsection (a)(2)(B) for an expunction of arrest records and files only if the person:

(1) has not previously received an expunction under that paragraph; and

(2) submits to the court an affidavit attesting to that fact.

(d) A person is entitled to an expunction under this article regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired.

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.