The text as introduced · 1,342 words
89R9343 JRR-D
By: Hernandez
H.B. No. 2229
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files by a
statutory county court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55A.101, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Article 55A.151 and subject to
Subsections [ Subsection ] (b) and (c) , a district court, a justice
court, [ or ] a municipal court of record , or a statutory county court
may expunge all records and files relating to the arrest of a person
if:
(1) the person is:
(A) tried for the offense for which the person
was arrested;
(B) convicted of the offense; and
(C) acquitted by the court of criminal appeals
or, if the period for granting a petition for discretionary review
has expired, by a court of appeals; or
(2) an office of the attorney representing the state
authorized by law to prosecute the offense for which the person was
arrested recommends the expunction to the court before the person
is tried for the offense, regardless of whether an indictment or
information has been presented against the person with respect to
the offense.
(c) A statutory county court may only expunge records and
files under Subsection (a) that relate to the arrest of a person for
an offense that is subject to the jurisdiction of a statutory county
court.
SECTION 2. Article 55A.201(a), Code of Criminal Procedure,
is amended to read as follows:
(a) 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
(D) a statutory county court; or
(2) a district court in the county in which the trial
court is located.
SECTION 3. Article 55A.202(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In a case in which a person is entitled to expunction
under Article 55A.003, an expunction order shall be entered, not
later than the 30th day after the date the court receives notice of
the applicable pardon or other grant of relief, for the person by:
(1) the trial court presiding over the case, if the
court is:
(A) a district court;
(B) a justice court; [ or ]
(C) a municipal court of record; or
(D) a statutory county court; or
(2) a district court in the county in which the trial
court is located.
SECTION 4. Article 55A.251, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.251. FILING OF PETITION. A person who is entitled
to expunction of records and files under Article 55A.002, 55A.004,
or 55A.005 or Subchapter B, or a person who is eligible for
expunction of records and files under Article 55A.101, may, subject
to Articles [ Article ] 55A.252 and 55A.2525 , file an ex parte
petition for expunction in a district court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 5. Subchapter F, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.2525 to read as
follows:
Art. 55A.2525. FILING CERTAIN PETITIONS IN STATUTORY COUNTY
COURT. If the arrest for which expunction is sought is for an
offense that is subject to the jurisdiction of a statutory county
court, a person who is entitled to expunction of records and files
under Article 55A.002 or a person who is eligible for expunction of
records and files under Article 55A.101(a) may file an ex parte
petition for expunction in a statutory county court in the county in
which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 6. Article 55A.253, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.253. CONTENTS OF PETITION. An ex parte petition
filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 must be
verified and must include, with respect to the person who is the
subject of the petition, the following or an explanation for why one
or more of the following is not included:
(1) the person's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number;
(F) social security number; and
(G) address at the time of the arrest;
(2) the offense charged;
(3) the date the offense charged was alleged to have
been committed;
(4) the date of arrest;
(5) the name of the county of arrest and if the arrest
occurred in a municipality, the name of the municipality;
(6) the name of the arresting agency;
(7) the case number and court of offense; and
(8) together with the applicable physical or e-mail
addresses, a list of all:
(A) law enforcement agencies, jails or other
detention facilities, magistrates, courts, attorneys representing
the state, correctional facilities, central state depositories of
criminal records, and other officials or agencies or other entities
of this state or of any political subdivision of this state;
(B) central federal depositories of criminal
records that the person who is the subject of the petition has
reason to believe have records or files that are subject to
expunction; and
(C) private entities that compile and
disseminate for compensation criminal history record information
that the person who is the subject of the petition has reason to
believe have information related to records or files that are
subject to expunction.
SECTION 7. Article 55A.255, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court
finds that the person who is the subject of an ex parte petition
filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 is
entitled to expunction of any records and files that are the subject
of the petition, the court shall enter an order directing
expunction.
SECTION 8. Article 55A.258(b), Code of Criminal Procedure,
is amended to read as follows:
(b) A close relative of a deceased person who, if not
deceased, would be entitled to expunction of records and files
under Subchapter A, B, or C may file on behalf of the deceased
person an ex parte petition for expunction under Article 55A.251 ,
[ or ] 55A.252 , or 55A.2525 or an application for expunction under
Article 55A.256, as applicable. If the court finds that the
deceased person would be entitled to expunction of any record or
file that is the subject of the petition, the court shall enter an
order directing expunction.
SECTION 9. Article 102.006(a-1), Code of Criminal
Procedure, is amended to read as follows:
(a-1) In addition to any other fees required by other law
and except as provided by Subsection (b), a petitioner seeking
expunction of a criminal record in a justice court , [ or ] a municipal
court of record , or a statutory county court under Chapter 55A shall
pay a fee of $100 for filing an ex parte petition for expunction to
defray the cost of notifying state agencies of orders of expunction
under that chapter.
SECTION 10. Section 25.0003, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) A statutory county court has concurrent jurisdiction
with a district court over expunction proceedings relating to the
arrest of a person for an offense that is subject to the
jurisdiction of a statutory county court.
SECTION 11. 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 12. This Act takes effect September 1, 2025.
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