In Texas, arrested for a misdemeanor, case dismissed by a court (no trial).
I'm pretty certain the arrest record can be expunged, but does the expungement order require a private citizen who has already obtain, prior to the expungement order, copies of the arrest document (including, such as, the mug shot), to destroy or return such record? Article 55.04 of the Texas Code of Criminal Procedure would make me think that it does, as follows (see Section 2):
Thank you for any advice.
I'm pretty certain the arrest record can be expunged, but does the expungement order require a private citizen who has already obtain, prior to the expungement order, copies of the arrest document (including, such as, the mug shot), to destroy or return such record? Article 55.04 of the Texas Code of Criminal Procedure would make me think that it does, as follows (see Section 2):
Art. 55.04. VIOLATION OF EXPUNCTION ORDER.
Sec. 1. A person who acquires knowledge of an arrest while an officer or employee of the state or of any agency or other entity of the state or any political subdivision of the state and who knows of an order expunging the records and files relating to that arrest commits an offense if he knowingly releases, disseminates, or otherwise uses the records or files.
Sec. 2. A person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged under this chapter commits an offense.
Also, is there a waiting period between when the charge was dismissed and when an order for expungement can be sought?Sec. 1. A person who acquires knowledge of an arrest while an officer or employee of the state or of any agency or other entity of the state or any political subdivision of the state and who knows of an order expunging the records and files relating to that arrest commits an offense if he knowingly releases, disseminates, or otherwise uses the records or files.
Sec. 2. A person who knowingly fails to return or to obliterate identifying portions of a record or file ordered expunged under this chapter commits an offense.
Thank you for any advice.
