The laws addressing expunctions can be found generally in the Texas Code of Criminal Procedure, Chapter 55.

  • (a) Pursuant to the above law, when a valid order of expunction is issued by a Brazos County court, the clerk of the court must wait at least 60 days before expunging records designated in the order of expunction.
  • (b) The clerk of the court has from 60 days up to one year from the date the order of expunction is issued to expunge the designated records. Brazos County offices and departments that are designated by the petitioner in the petition for expunction as having records subject to expunction comply with the same law.
  • (c) If the clerk of the court timely receives notice from the prosecuting attorney's office that the prosecutor objects to expunging the records early, the clerk shall notify the proper Brazos County offices of the objection. These offices must then wait to expunge the designated records until the first anniversary of the date the order of expunction is issued.