Tex. Code of Criminal Procedure § 55A.254
This is the official text of Tex. Code of Criminal Procedure § 55A.254, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 55A.254. HEARING; NOTICE.
Official statutory text
(a) The court shall set a hearing on an ex parte petition for expunction not earlier than the 30th day following the date the petition is filed and shall give a copy of the petition and notice of hearing to each official, agency, or other entity listed in the petition, other than central federal depositories of criminal records, by:
(1) certified mail, return receipt requested; or
(2) secure electronic mail, electronic transmission, or facsimile transmission.
(a-1) The clerk of the court is not required to transmit a copy of either the petition or notice of hearing to the Office of Court Administration of the Texas Judicial System.
(b) An entity described by Subsection (a) may be represented by the attorney responsible for providing the entity with legal representation in other matters.
(c) Any returned receipts received by the clerk from notices of the hearing shall be maintained in the file on the proceedings under Article 55A.356(b).
(d) A state or local agency with an e-mail address that is identified under Article 55A.253(a) must accept a copy of the petition or notice of hearing that is provided in an electronic format by the clerk of the court.
(e) The clerk of the court may not charge a fee to electronically transmit a copy of the petition or notice of hearing to an official, agency, or other entity for which an e-mail address or other means of electronic transmission is provided in the petition.
(f) The clerk of the court shall charge a fee of $25 for each official, agency, or other entity that is listed in the petition and that is unable to receive an electronic transmission under Subsection (e).
(g) On receipt of a copy of a petition or notice of hearing under this article, the Department of Public Safety shall notify the appropriate central federal depositories of criminal records listed in the petition.
(1) certified mail, return receipt requested; or
(2) secure electronic mail, electronic transmission, or facsimile transmission.
(a-1) The clerk of the court is not required to transmit a copy of either the petition or notice of hearing to the Office of Court Administration of the Texas Judicial System.
(b) An entity described by Subsection (a) may be represented by the attorney responsible for providing the entity with legal representation in other matters.
(c) Any returned receipts received by the clerk from notices of the hearing shall be maintained in the file on the proceedings under Article 55A.356(b).
(d) A state or local agency with an e-mail address that is identified under Article 55A.253(a) must accept a copy of the petition or notice of hearing that is provided in an electronic format by the clerk of the court.
(e) The clerk of the court may not charge a fee to electronically transmit a copy of the petition or notice of hearing to an official, agency, or other entity for which an e-mail address or other means of electronic transmission is provided in the petition.
(f) The clerk of the court shall charge a fee of $25 for each official, agency, or other entity that is listed in the petition and that is unable to receive an electronic transmission under Subsection (e).
(g) On receipt of a copy of a petition or notice of hearing under this article, the Department of Public Safety shall notify the appropriate central federal depositories of criminal records listed in the petition.
Status: in_force · Read it on the official government site
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