Section 411.151 - [Effective 1/1/2025] Expunction or Removal of Dna Records(a)[Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 543]
The director shall expunge a DNA record of an individual from a DNA database if : (1) the director receives: (A) an order of expunction under Article 55.02, Code of Criminal Procedure ; or (B) a request from a court under Section 411.1471(e); or (2) the person provides the director with a certified copy of a court order issued under Subchapter C-1, Chapter 58, Family Code, that seals the juvenile record of the adjudication that resulted in the DNA record. (a)[Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765]
The director shall expunge a DNA record of an individual from a DNA database if the person: (1) notifies the director in writing that the DNA record has been ordered to be expunged under this section or Chapter 55A , Code of Criminal Procedure, and provides the director with a certified copy of the court order that expunges the DNA record; or (2) provides the director with a certified copy of a court order issued under Subchapter C-1, Chapter 58, Family Code, that seals the juvenile record of the adjudication that resulted in the DNA record. (b) [Repealed by 2023 amendment](c) This section does not require the director to expunge a record or destroy a sample if the director determines that the individual is otherwise required to submit a DNA sample under this subchapter.(d) The director by rule may permit administrative removal of a record, sample, or other information erroneously included in a database.(e) The department's failure to expunge a DNA record as required by this section may not serve as the sole grounds for a court in a criminal proceeding to exclude evidence based on or derived from the contents of that record.Tex. Gov't. Code § 411.151
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 2.089, eff. 1/1/2025.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 543,Sec. 5, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 543,Sec. 4, eff. 9/1/2023.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 746,Sec. 20, eff. 9/1/2017.Amended By Acts 2011, 82nd Leg., R.S., Ch. 1105, Sec. 1, eff. 9/1/2011.Amended By Acts 2005, 79th Leg., Ch. 1224, Sec. 13, eff. 9/1/2005.Amended by Acts 2003, 78th Leg., ch. 283, Sec. 44, eff. 9/1/2003.Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. 9/1/1995.This section is set out more than once due to postponed, multiple, or conflicting amendments.