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Texas Code of Criminal Procedure - CRIM P Art. § 55A.253. Contents of Petition

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) An ex parte petition filed under Article 55A.251, 55A.252, or 55A.257 must be verified and must include, with respect to the person who is the subject of the petition, the following or an explanation for why one or more of the following is not included:

(1) the person's:

(A) full name;

(B) sex;

(C) race;

(D) date of birth;

(E) driver's license number;

(F) social security number;  and

(G) address at the time of the arrest;

(2) the offense charged;

(3) the date the offense charged was alleged to have been committed;

(4) the date of arrest;

(5) the name of the county of arrest and if the arrest occurred in a municipality, the name of the municipality;

(6) the name of the arresting agency;

(7) the case number and court of offense; and

(8) together with the applicable physical and e-mail addresses, a list of all:

(A) law enforcement agencies, jails or other detention facilities, magistrates, courts, attorneys representing the state, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;

(B) central federal depositories of criminal records that the person who is the subject of the petition has reason to believe have records or files that are subject to expunction;  and

(C) private entities that compile and disseminate for compensation criminal history record information that the person who is the subject of the petition has reason to believe have information related to records or files that are subject to expunction.

(b) A petition under this article may not:

(1) list any state or local agency more than once; or

(2) include multiple contacts or addresses for different divisions with respect to the same state or local agency.

(c) Each district clerk shall compile and maintain on the clerk's Internet website a list of the agencies and entities described by Subsection (a)(8)(A) and include the applicable e-mail addresses for those agencies and entities.  The district clerk is not responsible for ensuring that:

(1) the website contains a complete list of agencies and entities described by Subsection (a)(8)(A);  or

(2) a petition filed under this article contains a complete list of agencies and entities described by Subsection (a)(8)(A).

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 55A.253. Contents of Petition - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-55a-253/

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