2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 55 - Expunction of Criminal Records › Article 55.02. Procedure for Expunction › Section 3.

Sec. 3.
Text of subsection effective until January 01, 2025
(a)  In an order of expunction issued under this article, the court shall require any state agency that sent information concerning the arrest to a central federal depository to request the depository to return all records and files subject to the order of expunction.  The person who is the subject of the expunction order or an agency protesting the expunction may appeal the court's decision in the same manner as in other civil cases.
Text of subsection effective until January 01, 2025
(b)  The order of expunction entered by the court shall have attached and incorporate by reference a copy of the judgment of acquittal and shall include:
(1)  the following information on the person who is the subject of the expunction order:
(A)  full name;
(B)  sex;
(C)  race;
(D)  date of birth;
(E)  driver's license number; and
(F)  social security number;
(2)  the offense charged against the person who is the subject of the expunction order;
(3)  the date the person who is the subject of the expunction order was arrested;
(4)  the case number and court of offense; and
(5)  the tracking incident number (TRN) assigned to the individual incident of arrest under Article 66.251(b)(1) by the Department of Public Safety.
(c)  When the order of expunction is final, the clerk of the court shall send a certified copy of the order to the director of the Department of Public Safety for purposes of Section 411.151, Government Code, to the Crime Records Service of the department, and to each official or agency or other governmental entity of this state or of any political subdivision of this state named in the order.  The certified copy of the order must be sent by secure electronic mail, electronic transmission, or facsimile transmission or otherwise by certified mail, return receipt requested.  In sending the order to a governmental entity named in the order, the clerk may elect to substitute hand delivery for certified mail under this subsection, but the clerk must receive a receipt for that hand-delivered order.
Text of subsection effective until January 01, 2025
(c-1)  The Department of Public Safety shall notify any central federal depository of criminal records by any means, including secure electronic mail, electronic transmission, or facsimile transmission, of the order with an explanation of the effect of the order and a request that the depository, as appropriate, either:
(1)  destroy or return to the court the records in possession of the depository that are subject to the order, including any information with respect to the order; or
(2)  comply with Section 5(f) pertaining to information contained in records and files of a person entitled to expunction under Article 55.01(d).
Text of subsection effective until January 01, 2025
(c-2)  The Department of Public Safety shall also provide, by secure electronic mail, electronic transmission, or facsimile transmission, notice of the order to any private entity that is named in the order or that purchases criminal history record information from the department.  The notice must include an explanation of the effect of the order and a request that the entity destroy any information in the possession of the entity that is subject to the order.  The department may charge to a private entity that purchases criminal history record information from the department a fee in an amount sufficient to recover costs incurred by the department in providing notice under this subsection to the entity.
Text of subsection effective until January 01, 2025
(d)  Any returned receipts received by the clerk from notices of the hearing and copies of the order shall be maintained in the file on the proceedings under this chapter.