Overview Description

Records of arrest containing the name of an identity theft victim as the perpetrator of a crime can be expunged of the victim's identifying information. Tex. Code Crim. Proc. Ann. § 55.01(d).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed with the felony prosecutors in the county where the identity theft victim resides. For the specific procedure, see Tex. Code Crim. Proc. Ann. § 55.02.


The fees amount to at least $207 and typically about $250 in the district court. Tex. Code Crim. Proc. Ann. § 102.006.


The person can deny the occurrence of the arrest and the existence of the expungement order, unless under oath in a criminal proceeding. Tex. Code Crim. Proc. Ann. § 55.03.

Waiting Periods

The petition can be filed at any time.

(non-prod server)