82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690 Page: 1 of 11
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H.B. No. 351
1 AN ACT
2 relating to the expunction of records and files relating to a
3 person's arrest.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Article 55.01, Code of Criminal Procedure, is
6 amended by amending Subsections (a), (a-1) , (b), and (c) and adding
7 Subsection (a-2) to read as follows:
8 (a) A person who has been placed under a custodial or
9 noncustodial arrest for commission of either a felony or
10 misdemeanor is entitled to have all records and files relating to
11 the arrest expunged if:
12 (1) the person is tried for the offense for which the
13 person was arrested and is:
14 (A) acquitted by the trial court, except as
15 provided by Subsection (c) [e M--t-i- ectin] ; or
16 (B) convicted and subsequently:
17 (i) pardoned for a reason other than that
18 described by Subparagraph (ii); or
19 (ii) pardoned or otherwise granted relief
20 on the basis of actual innocence with respect to that offense, if
21 the applicable pardon or court order clearly indicates on its face
22 that the pardon or order was granted or rendered on the basis of the
23 person's actual innocence; or
24 (2) the person has been released and the charge, if
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Texas. Legislature. House of Representatives. 82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690, legislative document, June 17, 2011; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth311518/m1/1/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.