Expungement / Record Sealing Petition and Eligibility Memo — Texas

Texas Expunction Eligibility Memorandum and Filing Record

This memorandum analyzes expunction under Code of Criminal Procedure Chapter 55A.
It does not analyze eligibility for an order of nondisclosure under Government Code
Chapter 411.

Memorandum

To: [CLIENT / FILE]

From: [ATTORNEY / REVIEWER]

Date: [__/__/____]

Re: Chapter 55A expunction eligibility — [PERSON NAME]

Complete arrest-transaction inventory

Analysis

1. Mandatory routes — Subchapter A

Subchapter A conclusion: [________________________________]

2. Special mandatory routes — Subchapter B

Article 55A.051 applies only if:

☐ The person has been released.

☐ The charge did not result in a final conviction and is no longer pending.

☐ The person received no Chapter 42A court-ordered community supervision for the
offense, other than for a Class C misdemeanor.

If all three thresholds are met, analyze:

Articles 55A.052(b) and 55A.053(d) state that their routes apply regardless of
whether another limitations period exists or has expired.

Subchapter B conclusion: [________________________________]

3. Discretionary route — Article 55A.101

A qualifying court may expunge arrest records if:

• a person was tried and convicted, then acquitted by the court of criminal appeals
  or, after the discretionary-review period expired, by a court of appeals; or

• before trial, the authorized prosecutor recommends expunction.

A justice court or municipal court of record may use this article only for a
fine-only offense.

Article 55A.101 conclusion: [________________________________]

4. Statutory prohibitions

Prohibition conclusion: [________________________________]

5. Correct court

Under Article 55A.251, a person using the identified petition routes may file in a
district court for the county where the person was arrested or where the offense was
alleged to have occurred.

If the arrest was for a fine-only offense, Article 55A.252 permits the specified
petitioners to file in a justice court or municipal court of record in that county.

Selected court and basis: [________________________________]

6. Verified-petition contents

Article 55A.253 requires the verified petition to provide, or explain why it does not
provide:

• full name, sex, race, date of birth, driver's license number, Social Security
  number, and address at arrest;

• charged offense, alleged offense date, arrest date, county and municipality of
  arrest, arresting agency, case number, and court; and

• with applicable physical and e-mail addresses, the complete list of state and local
  record holders, central federal criminal-record depositories, and compensated
  private criminal-history compilers believed to hold covered records or
  information.

The petition may not list the same state or local agency more than once or use
multiple contacts or addresses for different divisions of the same state or local
agency. The district clerk's online list may help, but the clerk does not guarantee
the list or petition is complete.

7. Hearing, transmission, and fees

Article 55A.254 requires a hearing no earlier than the 30th day after filing. The
clerk gives the petition and hearing notice to listed recipients other than central
federal depositories by certified mail or authorized electronic transmission.

A listed state or local agency with an e-mail address must accept electronic
transmission. Electronic transmission is free. The clerk charges $25 for each
listed recipient unable to receive electronic transmission. DPS is responsible for
notifying listed central federal depositories. The clerk need not transmit the
petition or hearing notice to OCA.

Do not use an old fixed expunction-fee estimate. S.B. 1667 repealed Article 102.006
for orders entered on or after September 1, 2025. Confirm any other filing cost with
the selected clerk.

If the court finds the petitioner entitled to expunction, Article 55A.255 requires
entry of an expunction order.

8. Final-order effect

Under Article 55A.401, after an order under Subchapter E or F becomes final:

• release, maintenance, dissemination, or use of the expunged records and files is
  prohibited;

• except for the sworn-criminal-proceeding rule, the person may deny the arrest and
  the order; and

• when questioned under oath in a criminal proceeding, the person may state only
  that the matter was expunged.

S.B. 1667 also changed order transmission and court-file retention. The petition and
proposed order should use current physical and e-mail recipient information, avoid
duplicated agencies or divisions, and account for Articles 55A.3025 and
55A.351-55A.357.

Recommendation

☐ Proceed under Article [________].

☐ Automatic-order procedure under Article [55A.201 / 55A.202 / 55A.203] should be
used instead of an ex parte petition.

☐ Not yet eligible; supportable date or missing event: [________________________].

☐ Ineligible because: [______________________________________________________].

☐ Consider a separate nondisclosure analysis; no expunction conclusion is implied.

Filing record

Official Sources

• Texas Code of Criminal Procedure, Chapter 55A
• S.B. 1667 enrolled text
• Texas Judicial Branch forms
• Texas Judicial Branch nondisclosure forms