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If someone with a few criminal arrests and deferred sentences passes away, can a friend or family member have these Misdemeanor and Felony arrest records expunged on behalf of the person who passed away? In particular, how would this situation be handled under Texas law?

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Sorry for your loss.

It appears that this is generally possible. Texas Code of Criminal Procedure, Title I, Chapter 55, Article 55.011:

Art. 55.011. RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF OF DECEASED PERSON. (a) In this article, "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister, or child of a deceased person.

(b) A close relative of a deceased person who, if not deceased, would be entitled to expunction of records and files under Article 55.01 may file on behalf of the deceased person an ex parte petition for expunction under Section 2 or 2a, Article 55.02. If the court finds that the deceased person would be entitled to expunction of any record or file that is the subject of the petition, the court shall enter an order directing expunction.

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  • 1
    Thank you very much, Nate. I’m going to attempt to do this on my own, and I’ve been looking for the exact info you provided. Appreciate the precise and timely answer. – user15669 Feb 18 '18 at 15:52

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