Texas § 55A.052 INDICTMENT OR INFORMATION NOT PRESENTED.

Texas Statutes

§ 55A.052 — INDICTMENT OR INFORMATION NOT PRESENTED.

Texas § 55A.052

Code CRCode of Criminal Procedure

This text of Texas § 55A.052 (INDICTMENT OR INFORMATION NOT PRESENTED.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 55A.052 (2026).

Text

Art. 55A.052. INDICTMENT OR INFORMATION NOT PRESENTED.

(a)A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested has not been presented against the person at any time following the arrest and if:

(1)at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and there was no felony charge arising out of the same transaction for which the person was arrested;

(2)at least one

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Art. 55A.052. INDICTMENT OR INFORMATION NOT PRESENTED. (a) A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested has not been presented against the person at any time following the arrest and if:
(1) at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and there was no felony charge arising out of the same transaction for which the person was arrested;
(2) at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and there was no felony charge arising out of the same transaction for which the person was arrested;
(3) at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or there was a felony charge arising out of the same transaction for which the person was arrested; or
(4) the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person.
(b) A person is entitled to an expunction under this article regardless of whether any statute of limitations exists for the offense and whether any limitations period for the offense has expired.