bill clearing arrest records after a grand jury no-bill

The text as introduced · 400 words

89R1730 JCG-D

By: Bowers
H.B. No. 1820

A BILL TO BE ENTITLED

AN ACT

relating to the expunction of arrest records and files when a grand

jury fails to find that probable cause exists to believe the alleged

offense was committed.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 55A.052(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A person to whom this subchapter applies is entitled to

have all records and files relating to the arrest expunged if an

indictment or information charging the person with the commission

of a misdemeanor offense based on the person's arrest or charging

the person with the commission of any felony offense arising out of

the same transaction for which the person was arrested has not been

presented against the person at any time following the arrest and

if:

(1) at least 180 days have elapsed from the date of

arrest if the arrest for which the expunction was sought was for an

offense punishable as a Class C misdemeanor and there was no felony

charge arising out of the same transaction for which the person was

arrested;

(2) at least one year has elapsed from the date of

arrest if the arrest for which the expunction was sought was for an

offense punishable as a Class B or A misdemeanor and there was no

felony charge arising out of the same transaction for which the

person was arrested;

(3) at least three years have elapsed from the date of

arrest if the arrest for which the expunction was sought was for an

offense punishable as a felony or there was a felony charge arising

out of the same transaction for which the person was arrested; [ or ]

(4) the attorney representing the state certifies that

the applicable arrest records and files are not needed for use in

any criminal investigation or prosecution, including an

investigation or prosecution of another person ; or

(5) the presentment did not occur solely because the

grand jury failed to find that probable cause exists to believe the

person committed the offense .

SECTION 2. The change in law made by this Act applies to the

expunction of arrest records and files for any criminal offense

that occurred before, on, or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.