1. Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.503 may be expunged if: (1) The court determines that the arrest was based on false information and the following conditions exist: (a) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense; (b) No charges will be pursued as a result of the arrest; and (c) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; or (2) The court determines the person was arrested for, or was subsequently charged with, a misdemeanor offense of chapter 303 or any moving violation as the term moving violation is defined under section 302.010 , except for any intoxication-related traffic offense as intoxication-related traffic offense is defined under section 577.023 and: (a) Each such offense or violation related to the arrest was subsequently nolle prossed or dismissed, or the accused was found not guilty of each offense or violation; and (b) The person is not a commercial driver's license holder and was not operating a commercial motor vehicle at the time of the arrest. 2. A record of arrest shall only be eligible for expungement under this section if no civil action is pending relating to the arrest or the records sought to be expunged.
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