82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690 Page: 7 of 11
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H.B. No. 351
1 is subject to the order. The court shall also provide in an
2 expunction order under this section that:
3 (1) the Texas Department of Criminal Justice shall
4 send to the court the documents delivered to the department under
5 Section 8(a), Article 42.09; and
6 (2) the Department of Public Safety and the Texas
7 Department of Criminal Justice shall delete or redact, as
8 appropriate, from their public records all index references to the
9 records and files that are subject to the expunction order.
10 (d) The court shall retain all documents sent to the court
11 under Subsection (c)(1) until the statute of limitations has run
12 for any civil case or proceeding relating to the wrongful
13 imprisonment of the person subject to the expunction order.
14 SECTION 3. Section 2(a), Article 55.02, Code of Criminal
15 Procedure, is amended to read as follows:
16 (a) A person who is entitled to expunction of records and
17 files under Article 55.01(a) (1)(B) (i) or 55.01(a)(2) [e--44-(a-] or
18 a person who is eligible for expunction of records and files under
19 Article 55.01(b) may file an ex parte petition for expunction in a
20 district court for the county in which:
21 (1) the petitioner was arrested; or
22 (2) the offense was alleged to have occurred.
23 SECTION 4. Section 3(c), Article 55.02, Code of Criminal
24 Procedure, is amended to read as follows:
25 (c) When the order of expunction is final, the clerk of the
26 court shall send a certified copy of the order to the Crime Records
27 Service of the Department of Public Safety and to each official or
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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/m1/7/: accessed April 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.