Criminal Defense Attorney in Houston - Brian Foley - Board Certified in Criminal Law.
Texas Code of Criminal Procedure Art. 2.28 outlines the responsibilities of local law enforcement agencies when they receive information that a person's identity has been falsely used by someone who was arrested. According to this law:
1. The local law enforcement agency in the county where the arrest took place must:
Inform the victim that their identity was misused by another person who was arrested in the county.
Advise the victim that they can file a declaration with the Department of Public Safety under Section 411.0421, Government Code.
Notify the victim that they have the right to request the expunction (removal) of information related to the incident from criminal records and files under Chapter 55 of the Texas legal code.
2. The agency must also notify the Department of Public Safety about:
The misuse of the victim's identity.
The true identity of the person who was arrested, if known by the agency.
Whether the agency was able to inform the victim about the misuse of their identity.
This law was added to the Texas legal code in 2003 and is designed to protect individuals whose identities are falsely used during the arrest process.
Art. 2.28. DUTIES REGARDING MISUSED IDENTITY. On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall: (1) notify the person that: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and (2) notify the Department of Public Safety regarding: (A) the misuse of the identifying information; (B) the actual identity of the person arrested, if known by the agency; and (C) whether the agency was able to notify the person whose identifying information was misused. Added by Acts 2003, 78th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2003.
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