Texas Expunctions/Nondisclosures

In Texas a person may be eligible for an expunction or an order of nondisclosure depending on the type of offense, the disposition of the case, and if they have fulfilled the statutory waiting period.  The difference between and expunction and an order of nondisclosure is that expunctions completely erase the event like it never happened and orders of nondisclosures seal the information to the public but can still be seen and used by courts and law enforcement.  Basically, the only offenses eligible for an expunction are offenses that have been dismissed, found not guilty, acquitted by an appellate court, pardoned or are a Class C Misdemeanor and deferred adjudication has been successfully completed.  A person applying for an expunction must not have been convicted of a felony in five years preceding the arrest.

Orders of nondisclosure are eligible when the offense is a Class B Misdemeanor or above that is not barred by statute from nondisclosure, the defendant successfully completed a deferred adjudication and waited the statutory waiting period.  The waiting period is no time for some misdemeanors, a two year waiting period for some misdemeanors and a five year waiting period for all felonies.

Texas Expunction Laws
CODE OF CRIMINAL PROCEDURE
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS

Art. 55.01. RIGHT TO EXPUNCTION.  (a)  A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
(1)  the person is tried for the offense for which the person was arrested and is:
(A)  acquitted by the trial court, except as provided by Subsection (c) of this section; or
(B)  convicted and subsequently pardoned; or
(2)  each of the following conditions exist:
(A)  an indictment or information charging the person with commission of a felony has not been presented against the person for an offense arising out of the transaction for which the person was arrested or, if an indictment or information charging the person with commission of a felony was presented, the indictment or information has been dismissed or quashed, and:
(i)  the limitations period expired before the date on which a petition for expunction was filed under Article 55.02; or
(ii)  the court finds that the indictment or information was dismissed or quashed because the person completed a pretrial intervention program authorized under Section 76.011, Government Code, or because the presentment had been made because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void;
(B)  the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court ordered community supervision under Article 42.12 for any offense other than a Class C misdemeanor; and
(C)  the person has not been convicted of a felony in the five years preceding the date of the arrest.
(a-1)  Notwithstanding Subsection (a)(2)(C), a person's conviction of a felony in the five years preceding the date of the arrest does not affect the person's entitlement to expunction for purposes of an ex parte petition filed on behalf of the person by the director of the Department of Public Safety under Section 2(e), Article 55.02.
(b) Except as provided by Subsection (c) of this section, a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is:
(1) tried for the offense for which the person was arrested;
(2) convicted of the offense;  and
(3) acquitted by the court of criminal appeals.
(c) A court may not order the expunction of records and files relating to an arrest for an offense for which a person is subsequently acquitted, whether by the trial court or the court of criminal appeals, if the offense for which the person was acquitted arose out of a criminal episode, as defined by Section 3.01, Penal Code, and the person was convicted of or remains subject to prosecution for at least one other offense occurring during the criminal episode.
(d) A person is entitled to have any information that identifies the person, including the person's name, address, date of birth, driver's license number, and social security number, contained in records and files relating to the arrest of another person expunged if:
(1) the information identifying the person asserting the entitlement to expunction was falsely given by the person arrested as the arrested person's identifying information without the consent of the person asserting the entitlement;  and
(2) the only reason for the information identifying the person asserting the entitlement being contained in the arrest records and files of the person arrested is that the information was falsely given by the person arrested as the arrested person's identifying information.

Art. 55.011.  RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF OF DECEASED PERSON.  (a)  In this article, "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister, or child of a deceased person.
(b)  A close relative of a deceased person who, if not deceased, would be entitled to expunction of records and files under Article 55.01 may file on behalf of the deceased person an ex parte petition for expunction under Section 2 or 2a, Article 55.02.  If the court finds that the deceased person would be entitled to expunction of any record or file that is the subject of the petition, the court shall enter an order directing expunction.

Art. 55.02. PROCEDURE FOR EXPUNCTION.
Sec. 1. At the request of the defendant and after notice to the state, the trial court presiding over the case in which the defendant was acquitted, if the trial court is a district court, or a district court in the county in which the trial court is located shall enter an order of expunction for a person entitled to expunction under article 55.01(a)(1)(a) not later than the 30th day after the date of the acquittal.  Upon acquittal, the trial court shall advise the defendant of the right to expunction.  The defendant shall provide to the district court all of the information required in a petition for expunction under Section 2(b).  The attorney for the defendant in the case in which the defendant was acquitted, if the defendant was represented by counsel, or the attorney for the state, if the defendant was not represented by counsel, shall prepare the order for the court's signature.
Sec. 2.  (a)  A person who is entitled to expunction of records and files under Article 55.01(a) or a person who is eligible for expunction of records and files under Article 55.01(b) may file an ex parte petition for expunction in a district court for the county in which:
(1)  the petitioner was arrested; or
(2)  the offense was alleged to have occurred.
(b)  The petition must be verified and shall include the following or an explanation for why one or more of the following is not included:
(1)  the petitioner's:
(A)  full name;
(B)  sex;
(C)  race;
(D)  date of birth;
(E)  driver's license number;
(F)  social security number; and
(G)  address at the time of the arrest;
(2)  the offense charged against the petitioner;
(3)  the date the offense charged against the petitioner was alleged to have been committed;
(4)  the date the petitioner was arrested;
(5)  the name of the county where the petitioner was arrested and if the arrest occurred in a municipality, the name of the municipality;
(6)  the name of the agency that arrested the petitioner;
(7)  the case number and court of offense; and
(8)  a list of all:
(A) law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;
(B) central federal depositories of criminal records that the petitioner has reason to believe have records or files that are subject to expunction; and
(C)  private entities that compile and disseminate for compensation criminal history record information that the petitioner has reason to believe have information related to records or files that are subject to expunction.
(c)  The court shall set a hearing on the matter no sooner than thirty days from the filing of the petition and shall give to each official or agency or other governmental entity named in the petition reasonable notice of the hearing by:
(1)  certified mail, return receipt requested; or
(2)  secure electronic mail, electronic transmission, or facsimile transmission.
(c-1)  An entity described by Subsection (c) may be represented by the attorney responsible for providing the entity with legal representation in other matters.
(d)  If the court finds that the petitioner, or a person for whom an ex parte petition is filed under Subsection (e), is entitled to expunction of any records and files that are the subject of the petition, it shall enter an order directing expunction.
(e)  The director of the Department of Public Safety or the director's authorized representative may file on behalf of a person described by Subsection (a) of this section or by Section 2a an ex parte petition for expunction in a district court for the county in which:
(1)  the person was arrested; or
(2)  the offense was alleged to have occurred.
(f)  An ex parte petition filed under Subsection (e) must be verified and must include the following or an explanation for why one or more of the following is not included:
(1)  the person's:
(A)  full name;
(B)  sex;
(C)  race;
(D)  date of birth;
(E)  driver's license number;
(F)  social security number; and
(G)  address at the time of the arrest;
(2)  the offense charged against the person;
(3)  the date the offense charged against the person was alleged to have been committed;
(4)  the date the person was arrested;
(5)  the name of the county where the person was arrested and if the arrest occurred in a municipality, the name of the municipality;
(6)  the name of the agency that arrested the person;
(7)  the case number and court of offense; and
(8)  a list of all:
(A) law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;
(B) central federal depositories of criminal records that the person has reason to believe have records or files that are subject to expunction; and
(C)  private entities that compile and disseminate for compensation criminal history record information that the person has reason to believe have information relating to records or files that are subject to expunction.
Sec. 2a.  (a)  A person who is entitled to expunction of information contained in records and files under Article 55.01(d) may file an application for expunction with the attorney representing the state in the prosecution of felonies in the county in which the person resides.
(b) The application must be verified, include authenticated fingerprint records of the applicant, and include the following or an explanation for why one or more of the following is not included:
(1) the applicant's full name, sex, race, date of birth, driver's license number, social security number, and address at the time the person who falsely identified himself or herself as the applicant was arrested;
(2) the following information regarding the arrest:
(A) the date of arrest;
(B) the offense charged against the person arrested;
(C) the name of the county or municipality in which the arrest occurred;  and
(D) the name of the arresting agency;  and
(3) a statement that:
(A) the applicant is not the person arrested and for whom the arrest records and files were created;  and
(B) the applicant did not give the person arrested consent to falsely identify himself or herself as the applicant.
(c)  After verifying the allegations in an application received under Subsection (a), the attorney representing the state shall:
(1)  include on the application information regarding the arrest that was requested of the applicant but was unknown by the applicant;
(2)  forward a copy of the application to the district court for the county;
(3)  attach to the copy a list of all:
(A) law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;
(B) central federal depositories of criminal records that are reasonably likely to have records or files containing information that is subject to expunction; and
(C)  private entities that compile and disseminate for compensation criminal history record information that are reasonably likely to have records or files containing information that is subject to expunction; and
(4)  request the court to enter an order directing expunction based on an entitlement to expunction under Article 55.01(d).
(d) On receipt of a request under Subsection (c), the court shall, without holding a hearing on the matter, enter a final order directing expunction.
Sec. 3.  (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.
(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 60.07(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 Crime Records Service of the Department of Public Safety and to each official or agency or other governmental entity of this state or of any political subdivision of this state designated by the person who is the subject of 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 designated by the person, 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.
(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).
(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.
(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.
Sec. 4.  (a)  If the state establishes that the person who is the subject of an expunction order is still subject to conviction for an offense arising out of the transaction for which the person was arrested because the statute of limitations has not run and there is reasonable cause to believe that the state may proceed against the person for the offense, the court may provide in its order that the law enforcement agency and the prosecuting attorney responsible for investigating the offense may retain any records and files that are necessary to the investigation.  In the case of a person who is the subject of an expunction order on the basis of an acquittal, the court may provide in the expunction order that the law enforcement agency and the prosecuting attorney retain records and files if:
(1) the records and files are necessary to conduct a subsequent investigation and prosecution of a person other than the person who is the subject of the expunction order;  or
(2) the state establishes that the records and files are necessary for use in:
(A) another criminal case, including a prosecution, motion to adjudicate or revoke community supervision, parole revocation hearing, mandatory supervision revocation hearing, punishment hearing, or bond hearing;  or
(B) a civil case, including a civil suit or suit for possession of or access to a child.
(b) Unless the person who is the subject of the expunction order is again arrested for or charged with an offense arising out of the transaction for which the person was arrested or unless the court provides for the retention of records and files under Subsection (a) of this section, the provisions of Articles 55.03 and 55.04 of this code apply to files and records retained under this section.
Sec. 5.  (a)  Except as provided by Subsections (f) and (g), on receipt of the order, each official or agency or other governmental entity named in the order shall:
(1)  return all records and files that are subject to the expunction order to the court or, if removal is impracticable, obliterate all portions of the record or file that identify the person who is the subject of the order and notify the court of its action; and
(2)  delete from its public records all index references to the records and files that are subject to the expunction order.
(b) Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitlement under Article 55.01(d), the court may give the person who is the subject of the order all records and files returned to it pursuant to its order.
(c)  Except in the case of a person who is the subject of an expunction order based on an entitlement under Article 55.01(d) and except as provided by Subsection (g), if an order of expunction is issued under this article, the court records concerning expunction proceedings are not open for inspection by anyone except the person who is the subject of the order unless the order permits retention of a record under Section 4 of this article and the person is again arrested for or charged with an offense arising out of the transaction for which the person was arrested or unless the court provides for the retention of records and files under Section 4(a) of this article.  The clerk of the court issuing the order shall obliterate all public references to the proceeding and maintain the files or other records in an area not open to inspection.
(d)  Except in the case of a person who is the subject of an expunction order on the basis of an acquittal or an expunction order based on an entitlement under Article 55.01(d) and except as provided by Subsection (g), the clerk of the court shall destroy all the files or other records maintained under Subsection (c) not earlier than the 60th day after the date the order of expunction is issued or later than the first anniversary of that date unless the records or files were released under Subsection (b).
(d-1) Not later than the 30th day before the date on which the clerk destroys files or other records under Subsection (d), the clerk shall provide notice by mail, electronic mail, or facsimile transmission to the attorney representing the state in the expunction proceeding.  If the attorney representing the state in the expunction proceeding objects to the destruction not later than the 20th day after receiving notice under this subsection, the clerk may not destroy the files or other records until the first anniversary of the date the order of expunction is issued or the first business day after that date.
(e) The clerk shall certify to the court the destruction of files or other records under Subsection (d) of this section.
(f)  On receipt of an order granting expunction to a person entitled to expunction under Article 55.01(d), each official, agency, or other governmental entity named in the order:
(1)  shall:
(A)  obliterate all portions of the record or file that identify the petitioner; and
(B)  substitute for all obliterated portions of the record or file any available information that identifies the person arrested; and
(2)  may not return the record or file or delete index references to the record or file.
(g)  Notwithstanding any other provision in this section, an official, agency, court, or other entity may retain receipts, invoices, vouchers, or similar records of financial transactions that arose from the expunction proceeding or prosecution of the underlying criminal cause in accordance with internal financial control procedures. An official, agency, court, or other entity that retains records under this subsection shall obliterate all portions of the record or the file that identify the person who is the subject of the expunction order.

Art. 55.03.  EFFECT OF EXPUNCTION.  When the order of expunction is final:
(1)  the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
(2)  except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
(3)  the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

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.
Sec. 3. An offense under this article is a Class B misdemeanor.
Art. 55.05. NOTICE OF RIGHT TO EXPUNCTION.  On release or discharge of an arrested person, the person responsible for the release or discharge shall give him a written explanation of his rights under this chapter and a copy of the provisions of this chapter.

Art. 55.06. LICENSE SUSPENSIONS AND REVOCATIONS.  Records relating to the suspension or revocation of a driver's license, permit, or privilege to operate a motor vehicle may not be expunged under this chapter except as provided in Section 524.015, Transportation Code, or Section 724.048 of that code.

 

Texas Order Of Nondisclosure Laws
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS
SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION

Sec. 411.081.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter does not apply to criminal history record information that is contained in:
(1)  posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;
(2)  original records of entry, including police blotters maintained by a criminal justice agency that are compiled chronologically and required by law or long-standing practice to be available to the public;
(3)  public judicial, administrative, or legislative proceedings;
(4)  court records of public judicial proceedings;
(5)  published judicial or administrative opinions;  or
(6)  announcements of executive clemency.
(b)  This subchapter does not prohibit a criminal justice agency from disclosing to the public criminal history record information that is related to the offense for which a person is involved in the criminal justice system.
(c)  This subchapter does not prohibit a criminal justice agency from confirming previous criminal history record information to any person on specific inquiry about whether a named person was arrested, detained, indicted, or formally charged on a specified date, if the information disclosed is based on data excluded by Subsection (b).
(d)  Notwithstanding any other provision of this subchapter, if a person is placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, subsequently receives a discharge and dismissal under Section 5(c), Article 42.12, and satisfies the requirements of Subsection (e), the person may petition the court that placed the defendant on deferred adjudication for an order of nondisclosure under this subsection.  Except as provided by Subsection (e), a person may petition the court under this subsection regardless of whether the person has been previously placed on deferred adjudication community supervision for another offense.  After notice to the state and 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 issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication.  A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order.  A person may petition the court that placed the person on deferred adjudication for an order of nondisclosure on payment of a $28 fee to the clerk of the court in addition to any other fee that generally applies to the filing of a civil petition.  The payment may be made only on or after:
(1)  the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor other than a misdemeanor described by Subdivision (2);
(2)  the second anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 25, 42, or 46, Penal Code; or
(3)  the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony.
(e)  A person is entitled to petition the court under Subsection (d) only if during the period of the deferred adjudication community supervision for which the order of nondisclosure is requested and during the applicable period described by Subsection (d)(1), (2), or (3), as appropriate, the person is not convicted of or placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, for any offense other than an offense under the Transportation Code punishable by fine only.  A person is not entitled to petition the court under Subsection (d) if the person was placed on the deferred adjudication community supervision for or has been previously convicted or placed on any other deferred adjudication for:
(1)  an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
(2)  an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;
(3)  an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42.072, Penal Code; or
(4)  any other offense involving family violence, as defined by Section 71.004, Family Code.
(f)  For purposes of Subsection (d), a person is considered to have been placed on deferred adjudication community supervision if, regardless of the statutory authorization:
(1)  the person entered a plea of guilty or nolo contendere;
(2)  the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court;  and
(3)  at the end of the period of supervision the judge dismissed the proceedings and discharged the person.
(f-1)  In this subsection, "child" has the meaning assigned by Section 51.02, Family Code.  Notwithstanding any other provision of this subchapter, on conviction of a child for a misdemeanor offense punishable by fine only that does not constitute conduct indicating a need for supervision under Section 51.03, Family Code, the convicting court shall immediately issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense.  A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies for criminal justice purposes, to an agency or entity listed in Subsection (j), or to the person who is the subject of the order.
(g)  Not later than the 15th business day after the date an order of nondisclosure is issued under this section, the clerk of the court shall send all relevant criminal history record information contained in the order or a copy of the order by certified mail, return receipt requested, or secure electronic mail, electronic transmission, or facsimile transmission to the Crime Records Service of the Department of Public Safety.
(1)  Expired.
(2)  Expired.
(3)  Expired.
(g-1)  Not later than 10 business days after receipt of relevant criminal history record information contained in an order or a copy of an order under Subsection (g), the Department of Public Safety shall seal any criminal history record information maintained by the department that is the subject of the order.  The department shall also send all relevant criminal history record information contained in the order or a copy of the order by certified mail, return receipt requested, or secure electronic mail, electronic transmission, or facsimile transmission to all:
(1)  law enforcement agencies, jails or other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state depositories of criminal records, and other officials or agencies or other entities of this state or of any political subdivision of this state;
(2)  central federal depositories of criminal records that there is reason to believe have criminal history record information that is the subject of the order; and
(3)  private entities that purchase criminal history record information from the department or that otherwise are likely to have criminal history record information that is subject to the order.
(g-1a)  The director shall adopt rules regarding minimum standards for the security of secure electronic mail, electronic transmissions, and facsimile transmissions under Subsections (g) and (g-1).  In adopting rules under this subsection, the director shall consult with the Office of Court Administration of the Texas Judicial System.
(g-1b)  Not later than 30 business days after receipt of relevant criminal history record information contained in an order or a copy of an order from the Department of Public Safety under Subsection (g-1), an individual or entity described by Subsection (g-1)(1) shall seal any criminal history record information maintained by the individual or entity that is the subject of the order.
(g-1c)  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 relevant criminal history record information contained in an order or a copy of an order under Subsection (g-1)(3) to the entity.
(g-2)  A person whose criminal history record information has been sealed under this section is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of an order issued under this section.
(h)  The clerk of a court that collects a fee under Subsection (d) shall remit the fee to the comptroller not later than the last day of the month following the end of the calendar quarter in which the fee is collected, and the comptroller shall deposit the fee in the general revenue fund.  The Department of Public Safety shall submit a report to the legislature not later than December 1 of each even-numbered year that includes information on:
(1)  the number of petitions for nondisclosure and orders of nondisclosure received by the department in each of the previous two years;
(2)  the actions taken by the department with respect to the petitions and orders received;
(3)  the costs incurred by the department in taking those actions; and
(4)  the number of persons who are the subject of an order of nondisclosure and who became the subject of criminal charges for an offense committed after the order was issued.


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