Tex. Code of Criminal Procedure § 55A.356
This is the official text of Tex. Code of Criminal Procedure § 55A.356, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 55A.356. INSPECTION AND DISPOSITION OF COURT'S RECORDS CONCERNING EXPUNCTION.
Official statutory text
(a) Except in the case of a person who is the subject of an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, if an expunction order is issued under Subchapter E or F, the court records concerning expunction proceedings are not open for inspection by any person except the person who is the subject of the order unless:
(1) the order permits retention of a record under Article 55A.302 and the person is again arrested for or charged with an offense arising out of the transaction for which the person was arrested; or
(2) the court provides for the retention of records and files under Article 55A.302(a).
(b) The clerk of the court issuing the order shall obliterate all public references to the proceeding and maintain the files or other records in an area not open to inspection.
(c) Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, the clerk of the court shall destroy all the files or other records maintained under Subsection (b), other than the expunction order itself, on the first anniversary of the date the order is issued, unless the records or files were released under Article 55A.355.
(c-1) The clerk of the court shall maintain the expunction order in a confidential manner and provide a copy only to the person subject to the order after proper presentation of identification, subject to any further order from the court regarding access to the order.
(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 11(1), eff. September 1, 2025.
(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 11(1), eff. September 1, 2025.
(1) the order permits retention of a record under Article 55A.302 and the person is again arrested for or charged with an offense arising out of the transaction for which the person was arrested; or
(2) the court provides for the retention of records and files under Article 55A.302(a).
(b) The clerk of the court issuing the order shall obliterate all public references to the proceeding and maintain the files or other records in an area not open to inspection.
(c) Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitlement under Article 55A.006 and except as provided by Article 55A.357, the clerk of the court shall destroy all the files or other records maintained under Subsection (b), other than the expunction order itself, on the first anniversary of the date the order is issued, unless the records or files were released under Article 55A.355.
(c-1) The clerk of the court shall maintain the expunction order in a confidential manner and provide a copy only to the person subject to the order after proper presentation of identification, subject to any further order from the court regarding access to the order.
(d) Repealed by Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 11(1), eff. September 1, 2025.
(e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 850 (S.B. 1667), Sec. 11(1), eff. September 1, 2025.
Status: repealed · Read it on the official government site
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