(1) the fee charged for filing an ex parte petition in a civil action in district court;
(2) $1 plus postage for each certified mailing of notice of the hearing date; and
(3) $2 plus postage for each certified mailing of certified copies of an order of expunction.
(a-1) In addition to any other fees required by other law and except as provided by Subsection (b), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under Chapter 55 shall pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter.
(b) The fees under Subsection (a) or the fee under Subsection (a-1), as applicable, shall be waived if the petitioner seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense described by Article 55.01(c), and the petition for expunction is filed not later than the 30th day after the date of the acquittal.
(b-1) The fees under Subsection (a) shall be waived if the petitioner is entitled to expunction:
(1) under Article 55.01(a)(2)(A)(ii)(a) after successful completion of a veterans treatment court program created under Chapter 124, Government Code, or former law; or
(2) under Article 55.01(a)(2)(A)(ii)(b) after successful completion of a mental health court program created under Chapter 125, Government Code, or former law.
(c) A court that grants a petition for expunction of a criminal record may order that any fee, or portion of a fee, required to be paid under Subsection (a) be returned to the petitioner.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 886 (S.B. 1426), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 140 (S.B. 1224), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 693 (H.B. 322), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1149 (H.B. 557), Sec. 5, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 21, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 22, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 23, eff. June 14, 2019.
Structure Texas Statutes
Title 2 - Code of Criminal Procedure
Chapter 102 - Costs, Fees, and Fines Paid by Defendants
Subchapter A. Costs; Reimbursement Fees; Fines
Article 102.001. Reimbursement Fees for Services of Peace Officers
Article 102.006. Fees in Expunction Proceedings
Article 102.007. Reimbursement Fee for Collecting and Processing Check or Similar Sight Order
Article 102.008. Fees for Services of Prosecutors
Article 102.011. Reimbursement Fees for Services of Peace Officers
Article 102.012. Reimbursement Fees for Pretrial Intervention Programs
Article 102.0121. Reimbursement Fees for Certain Expenses Related to Pretrial Intervention Programs
Article 102.013. Court Costs; Crime Stoppers Assistance Account
Article 102.014. Fines for Child Safety Fund in Municipalities
Article 102.016. Costs for Breath Alcohol Testing Program
Article 102.0169. County and District Court Technology Fund
Article 102.0171. Fines: Juvenile Delinquency Prevention Funds
Article 102.0172. Municipal Court Technology Fund
Article 102.0173. Justice Court Assistance and Technology Fund
Article 102.0179. Fine for Certain Drug and Texas Controlled Substance Act Convictions
Article 102.018. Reimbursement Fees and Expenses Attendant to Intoxication Convictions
Article 102.0186. Fine for Certain Child Sexual Assault and Related Convictions