How Expunction Orders Are Distributed and Enforced Statewide

When a court issues an expunction order in Texas, it doesn’t just vanish from the system—it must be sent to all relevant agencies that may hold records of the arrest, charge, or case. Understanding which agencies automatically receive expunction orders and how the notification process works is crucial for ensuring your records are properly cleared.

Failing to notify the correct agencies can prevent a full expunction, leaving records improperly accessible. Here’s a detailed breakdown of the statutory requirements, case law, and practical steps involved.

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Key Agencies That Receive Expunction Orders Automatically

Under Tex. Code Crim. Proc. Art. 55A.351, the court clerk is responsible for distributing expunction orders to specific entities. The main recipients include:

Department of Public Safety (DPS) – Crime Records Service
  • DPS receives every expunction order and is tasked with updating or destroying records in its databases. They are also responsible for notifying any entities that have purchased or accessed the expunged information of their obligation to destroy it.
Office of Court Administration (OCA)
  • The Texas Judicial System’s OCA maintains court records and ensures proper implementation of expunction orders in judicial databases.
Other State and Local Agencies
  • Any other official, governmental entity, or political subdivision of Texas listed in the expunction order is required to receive notice. This can include: 
  • Law enforcement agencies
  • Local courts and clerks
  • Correctional facilities
  • Private entities that may hold records subject to expunction
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Statutory Guidance on Notification


Several provisions in the Texas Code of Criminal Procedure clarify the notification process:


Listing Agencies in the Petition

  • Tex. Code Crim. Proc. Art. 55A.256 requires the petitioner to include all relevant agencies in the expunction application to ensure no entity holding records is overlooked.


Notice of the Expunction Hearing

  • Tex. Code Crim. Proc. Art. 55A.254 mandates that the court provide notice of the expunction hearing to each official, agency, or entity listed in the petition.


Delivery of Orders

  • Tex. Code Crim. Proc. Art. 55A.351 requires the clerk to send copies of the expunction order either electronically or by certified mail to each identified agency. This ensures the order is formally received and enforceable.



Case Law: Agency Rights in Expunction Proceedings


Texas courts have reinforced that each agency has independent rights and responsibilities in expunction cases:


Tex. Dep’t of Public Safety v. Woods, 68 S.W.3d 179

  • The court clarified that each law enforcement agency listed in an expunction petition is entitled to notice and is considered a separate entity—not collectively represented by one agency.


Tex. Dep’t of Public Safety v. J.B.R., 510 S.W.3d 610

  • This case confirmed that each agency must be individually notified and represented in court proceedings, reinforcing the legislature’s intent that agencies act independently in expunction matters.


These rulings ensure that no agency is left out, and all entities have the opportunity to comply fully with the order.

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Why This Matters


Proper notification to all agencies is essential for:


  • Full Removal of Records – Ensures criminal records are sealed, deleted, or returned according to law.
  • Avoiding Future Disclosures – Prevents agencies from releasing expunged records to employers, landlords, or other third parties.
  • Compliance with Texas Law – Courts can reverse expunction orders if statutory notice requirements are not followed.


Failure to include or notify an agency can result in incomplete expunctions, leaving the individual’s records partially accessible and undermining the purpose of the expunction.


Key Takeaways


  1. DPS and the Office of Court Administration automatically receive expunction orders.
  2. Law enforcement agencies, courts, correctional facilities, and certain private entities listed in the petition also receive notifications.
  3. Statutory provisions require the clerk to send orders electronically or via certified mail.
  4. Case law emphasizes that each agency is independent and entitled to notice.
  5. Proper notification ensures records are fully cleared and protects your rights under Texas expunction law.


If you’ve filed for an expunction, it’s essential to confirm that all relevant agencies have received your order and complied with the law. Contact Wyde & Associates to ensure your records are fully sealed and protected from disclosure.

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