Art. 2.28. DUTIES REGARDING MISUSED IDENTITY. On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:
(1) notify the person that:
(A) the person's identifying information was misused by another person arrested in the county;
(B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and
(C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and
(2) notify the Department of Public Safety regarding:
(A) the misuse of the identifying information;
(B) the actual identity of the person arrested, if known by the agency; and
(C) whether the agency was able to notify the person whose identifying information was misused.
Added by Acts 2003, 78th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2003.
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