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TITLE 1ADMINISTRATION
PART 7STATE OFFICE OF ADMINISTRATIVE HEARINGS
CHAPTER 159RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS
SUBCHAPTER FDISPOSITION OF CASE
RULE §159.257Disposition of Criminal Charges and Expunction of Records

(a) Except for acquittal of a criminal charge as provided by § 524.015(b) or § 724.048(c) of the Texas Transportation Code, the disposition or expunction of a criminal charge relating to an arrest that forms the basis of the ALR proceeding does not affect a driver's license suspension or bar any matter in issue in an ALR proceeding.

(b) The records of ALR proceedings at SOAH are subject to expunction only upon receipt by SOAH of a judicial court order of expunction that complies with the requirements of Texas Code of Criminal Procedure Article 55.06.

(c) A judicial court order of expunction based on the dismissal, and not the acquittal, of criminal charges does not require or authorize SOAH to expunge records relating to the ALR proceeding.


Source Note: The provisions of this §159.257 adopted to be effective August 4, 2024, 49 TexReg 5758

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