Tex. Code of Criminal Procedure § 102.0061
This is the official text of Tex. Code of Criminal Procedure § 102.0061, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 102.0061. FEES IN EXPUNCTION PROCEEDINGS.
Official statutory text
(a) In addition to any other fees required by other law and except as provided by Subsections (c) and (d), a petitioner seeking expunction of a criminal record in a district court shall pay the fee charged for filing an ex parte petition in a civil action in district court.
(b) In addition to any other fees required by other law and except as provided by Subsection (c), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under Chapter 55A shall pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter.
(c) The fee under Subsection (a) or the fee under Subsection (b), as applicable, shall be waived if:
(1) the petitioner seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense described by Article 55A.151; and
(2) the petition for expunction is filed not later than the 30th day after the date of the acquittal.
(d) The fee under Subsection (a) shall be waived if the petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A) after successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law; or
(2) under Article 55A.053(a)(2)(B) after successful completion of a mental health court program created under Chapter 125, Government Code, or former law.
(e) A court that grants a petition for expunction of a criminal record may order the fee, or portion of the fee, required to be paid under Subsection (a) to be returned to the petitioner.
(b) In addition to any other fees required by other law and except as provided by Subsection (c), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under Chapter 55A shall pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter.
(c) The fee under Subsection (a) or the fee under Subsection (b), as applicable, shall be waived if:
(1) the petitioner seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense described by Article 55A.151; and
(2) the petition for expunction is filed not later than the 30th day after the date of the acquittal.
(d) The fee under Subsection (a) shall be waived if the petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A) after successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law; or
(2) under Article 55A.053(a)(2)(B) after successful completion of a mental health court program created under Chapter 125, Government Code, or former law.
(e) A court that grants a petition for expunction of a criminal record may order the fee, or portion of the fee, required to be paid under Subsection (a) to be returned to the petitioner.
Status: in_force · Read it on the official government site
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