82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690 Page: 5 of 11
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H.B. No. 351
1 appeals or, if the period for granting a petition for discretionary
2 review has expired, by a court of appeals; or
3 (2) an office of the attorney representing the state
4 authorized by law to prosecute the offense for which the person was
5 arrested recommends the expunction to the appropriate district
6 court before the person is tried for the offense, regardless of
7 whether an indictment or information has been presented against the
8 person in relation to the offense.
9 (c) A court may not order the expunction of records and
10 files relating to an arrest for an offense for which a person is
11 subsequently acquitted, whether by the trial court, a court of
12 appeals, or the court of criminal appeals, if the offense for which
13 the person was acquitted arose out of a criminal episode, as defined
14 by Section 3.01, Penal Code, and the person was convicted of or
15 remains subject to prosecution for at least one other offense
16 occurring during the criminal episode.
17 SECTION 2. Article 55.02, Code of Criminal Procedure, is
18 amended by amending Section 1 and adding Section la to read as
20 Sec. i. At the request of the defendant and after notice to
21 the state, the trial court presiding over the case in which the
22 defendant was acquitted, if the trial court is a district court, or
23 a district court in the county in which the trial court is located
24 shall enter an order of expunction for a person entitled to
25 expunction under Article 55.01(a)(1)(A) articlel c.55.1 (a)(1)}&9]
26 not later than the 30th day after the date of the acquittal. Upon
27 acquittal, the trial court shall advise the defendant of the right
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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/m1/5/: accessed March 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.