The information below is provided
as a courtesy to assist the public in obtaining information on these topics
and is not intended to be a substitute for the legal advice of a licensed attorney.
If you have questions regarding a particular topic or issue, please seek the
advice of legal counsel.
Expunction of criminal history record information & related issues
Expunctions
Chapter55 of the Texas Code of Criminal Procedure contains provisions for the
expunction of arrest records, court records and criminal history record information.
The statute specifically details the requirements and procedures to properly
expunge records in Texas.
Since the Department may oppose a petition for expunction, the
CRS Legal Staff cannot assist individuals in the expunction of records. All
individuals seeking an expunction of records are encouraged to obtain a copy
of their (PDF) criminal
history maintained by the Department and to seek the advice of a licensed
attorney to determine if they are eligible for the expunction of records.
Orders of Nondisclosure
Texas Government Code Section 411.081 allows an individual who has successfully
completed deferred adjudication community supervision to petition the court
that placed the individual on probation for an order of nondisclosure. An
order of nondisclosure prohibits criminal justice agencies from disclosing
to the public criminal history record information related to an offense.
Criminal history record information subject to an order of nondisclosure is
excepted from required disclosure under the Public Information Act. Criminal
justice agencies are permitted to release criminal history record information
subject to an order of nondisclosure to criminal justice agencies, authorized
noncriminal justice agencies and the individual who is the subject of the criminal
history record information.
The CRS Legal Staff cannot assist individuals in petitioning the court for
an order of nondisclosure. Individuals seeking an order of nondisclosure should
seek the advice of a licensed attorney to determine if they are eligible for
an order of nondisclosure.
Sealing of Juvenile Records
Family Code Section 58.003 provides for the sealing of juvenile records. An individual
with juvenile records available for sealing may file an application for sealing
of records in a juvenile court of the county in which the proceeding occurred.
Juvenile records ordered sealed by the court are removed from the criminal
history database. Individuals attempting to seal juvenile records should seek
the advice of a licensed attorney to determine if they are eligible for an
order sealing records.
Automatic Restriction of Access to Juvenile Records
Family
Code Section 58.203 restricts access to certain juvenile records. Records
relating to an individual's juvenile case that meet the criteria established
by §58.203 are certified by the Department for automatic restriction
of access.
Upon certification, the department may not disclose the existence of the records or any information from the records in response to an inquiry from:
The department may permit access to:
Contact the Texas Board of Pardons and Paroles at (512) 406-5852
for more information and assistance on applying for a pardon. www.tdcj.state.tx.us/bpp/
Misuse Of Identity
The misuse or theft of a person’s identity may occur in several ways.
If your identity has been misused by another to secure credit, open a checking
account or make purchases in your name, please follow this link http://www.txdps.state.tx.us/administration/driver_licensing_control/idtheft/idtheft2.htm
The following procedures are available if your name or identifying information
was falsely given by an arrested individual as their identifying information.