Plesa’s bill making expunction automatic after acquittal

The text as introduced · 523 words

89R9177 CJD-D

By: Plesa
H.B. No. 2042

A BILL TO BE ENTITLED

AN ACT

relating to automatic expunction of arrest records and files for

certain persons who are tried for an offense and subsequently

acquitted and to the provision of certain records relating to that

expunction.

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

SECTION 1. Article 55A.201, Code of Criminal Procedure, is

amended by amending Subsections (a) and (d) and adding Subsections

(e) and (f) to read as follows:

(a) An [ At the request of the acquitted person and after

notice to the state, or at the request of the attorney representing

the state with the consent of the acquitted person, an ] expunction

order shall be entered, not later than the 30th day after the date

of the acquittal, for a person entitled to expunction under Article

55A.002 by:

(1) the trial court presiding over the case in which

the person was acquitted, if the court is:

(A) a district court;

(B) a justice court; or

(C) a municipal court of record; or

(2) a district court in the county in which the trial

court is located.

(d) An expunction order under this article shall be prepared

for the court's signature by:

(1) the attorney for the acquitted person in the case

in which the person was acquitted, if the acquitted person was

represented by an attorney; or

(2) the attorney representing the state, if the person

was not represented by an attorney [ or if the attorney representing

the state requested the order ].

(e) If the trial court is not a court described by

Subsection (a)(1), the trial court shall forward the proposed order

and all information required in a petition for expunction under

Article 55A.253 to a court described by Subsection (a)(2).

(f) A court that issues an expunction order under this

article shall provide to the person who is the subject of the order

a certified copy of:

(1) the order; and

(2) the court's case file, including all documents,

items, and information required to be disclosed to the person under

Article 39.14 and in the possession of the state at the time of the

order.

SECTION 2. Articles 55A.201(b) and (c), Code of Criminal

Procedure, are repealed.

SECTION 3. (a) This Act applies to the expunction of arrest

records and files for a person entitled to that expunction under

Article 55A.002, Code of Criminal Procedure, before, on, or after

the effective date of this Act, regardless of when the underlying

arrest occurred.

(b) For a person who is entitled to expunction under Article

55A.002, Code of Criminal Procedure, based on an acquittal that

occurred before the effective date of this Act, notwithstanding the

30-day time limit provided for the court to enter an automatic order

of expunction under Article 55A.201, Code of Criminal Procedure, as

amended by this Act, the court shall enter an order of expunction

for the person as soon as practicable after the court receives

written notice from any party to the case about the person's

entitlement to the expunction.

SECTION 4. This Act takes effect September 1, 2025.