Texas Code of Criminal Procedure - Article 61.06. Removal Of Records Relating To An Individual Other Than A Child

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Art. 61.06. REMOVAL OF RECORDS RELATING TO AN INDIVIDUAL 
OTHER THAN A CHILD.  (a) This article does not apply to information 
collected under this chapter by the Texas Department of Criminal 
Justice or the Texas Youth Commission.
	(b)  Subject to Subsection (c), information collected under 
this chapter relating to a criminal street gang must be removed from 
an intelligence database established under Article 61.02 and the 
intelligence database maintained by the department under Article 
61.03 after three years if:
	(1)  the information relates to the investigation or 
prosecution of criminal activity engaged in by an individual other 
than a child;  and
	(2)  the individual who is the subject of the information has 
not been arrested for criminal activity reported to the department 
under Chapter 60.
	(c)  In determining whether information is required to be 
removed from an intelligence database under Subsection (b), the 
three-year period does not include any period during which the 
individual who is the subject of the information is confined in the 
institutional division or the state jail division of the Texas 
Department of Criminal Justice.

Added by Acts 1995, 74th Leg., ch. 671, Sec. 1, eff. Aug. 28, 1995.  
Amended by Acts 1997, 75th Leg., ch. 898, Sec. 3, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 1154, Sec. 6, eff. Sept. 1, 1999.

Last modified: August 10, 2007