Texas statute
Tex. Gov't Code § 411.0745 — Petition and order
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 411: DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS, Texas Government Code.
Full text of Tex. Gov't Code § 411.0745
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) A person who petitions the court for an order of nondisclosure of criminal history record information under this subchapter, when a petition is required, may file the petition in person, electronically, or by mail. (b) The petition must be accompanied by payment of a fee that generally applies to the filing of a civil case. (c) The Office of Court Administration of the Texas Judicial System shall prescribe a form for the filing of a petition electronically or by mail. The form must provide for the petition to be accompanied by the required fees and any other supporting material determined necessary by the office of court administration, including evidence that the person is entitled to file the petition. (d) The office of court administration shall make available on its Internet website the electronic application and printable application form. Each county or district clerk's office that maintains an Internet website shall include on that website a link to the electronic application and printable application form available on the office of court administration's Internet website. (e) On receipt of a petition under this section, the court shall provide notice to the state and an opportunity for a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice. The court shall hold a hearing before determining whether to issue an order of nondisclosure of criminal history record information, except that a hearing is not required if: (1) the state does not request a hearing on the issue before the 45th day after the date on which the state receives notice under this subsection; and (2) the court determines that: (A) the person is entitled to file the petition; and (B) the order is in the best interest of justice.
Official sources
This reference is informational and is not legal advice.