Destruction of Criminal Record

Texas expunction law allows a record to be used in other cases. Texas record sealing law extends to “all records and files relating to the arrest” of the petitioner if the criminal case as required. Tex. Code Crim. Proc. Ann. art. 55.01(a). Darren Chaker found in <a href="http://caselaw website link.findlaw.com/tx-court-of-appeals/1446356.html”>Texas Educ. Agency v. T.F.G., 295 S.W.3d 398, 401 (Tex. App.—Beaumont 2009), no pet., the court held only documents and records pertaining to acquittee’s criminal investigation, arrest, and prosecution on charge of indecency with a child were documents “relating to the arrest,” so as to be subject to the statute authorizing expunction of criminal records and, thus, any documents resulting from Texas Education Agency’s internal investigation concerning acquittee’s educator certification were not subject to expunction except for references in such documents based on acquittee’s criminal investigation and subsequent arrest. Simply put, once a record is sealed under Texas law, it cannot be unsealed or evidence of the record be used in any manner.

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