Texas Code of Criminal Procedure - Article 45.0216. Expunction Of Certain Conviction Records Of Children
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Art. 45.0216. EXPUNCTION OF CERTAIN CONVICTION RECORDS OF
CHILDREN. (a) In this article, "child" has the meaning assigned by
Section 51.02, Family Code.
(b) A person convicted of not more than one offense
described by Section 8.07(a)(4) or (5), Penal Code, while the
person was a child may, on or after the person's 17th birthday,
apply to the court in which the child was convicted to have the
conviction expunged as provided by this article.
(c) The person must make a written request to have the
records expunged. The request must be under oath.
(d) The request must contain the person's statement that the
person was not convicted while the person was a child of any offense
described by Section 8.07(a)(4) or (5), Penal Code, other than the
offense the person seeks to have expunged.
(e) The judge shall inform the person and any parent in open
court of the person's expunction rights and provide them with a copy
of this article.
(f) If the court finds that the person was not convicted of
any other offense described by Section 8.07(a)(4) or (5), Penal
Code, while the person was a child, the court shall order the
conviction, together with all complaints, verdicts, sentences, and
prosecutorial and law enforcement records, and any other documents
relating to the offense, expunged from the person's record. After
entry of the order, the person is released from all disabilities
resulting from the conviction and the conviction may not be shown or
made known for any purpose.
(g) This article does not apply to any offense otherwise
covered by:
(1) Chapter 106, Alcoholic Beverage Code;
(2) Chapter 161, Health and Safety Code; or
(3) Section 25.094, Education Code.
(h) Records of a person under 17 years of age relating to a
complaint dismissed as provided by Article 45.051 or 45.052 may be
expunged under this article.
(i) The justice or municipal court shall require a person
who requests expungement under this article to pay a fee in the
amount of $30 to defray the cost of notifying state agencies of
orders of expungement under this article.
(j) The procedures for expunction provided under this
article are separate and distinct from the expunction procedures
under Chapter 55.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 50, eff. Sept. 1,
2001. Amended by Acts 2005, 79th Leg., ch. 886, Sec. 2, eff. Sept.
1, 2005.
Article: 45.016 45.017 45.018 45.019 45.020 45.021 45.0215 45.0216 45.022 45.023 45.024 45.025 45.026 45.027 45.028
Last modified: August 11, 2007
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