bill updating how arrest records get expunged

The text as introduced · 2,034 words

89R3013 JSC-F

By: Orr
H.B. No. 2328

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for the expunction of arrest records and

files; authorizing a fee.

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

SECTION 1. Article 55A.203, Code of Criminal Procedure, is

amended by adding Subsection (d) to read as follows:

(d) A person entitled to expunction under Article

55A.053(a)(2)(A) or (B) shall provide the court with the

information required in a petition for expunction under Article

55A.253.

SECTION 2. Article 55A.253, Code of Criminal Procedure, is

amended to read as follows:

Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte

petition filed under Article 55A.251, 55A.252, 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 and [ 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.

(b) A petition under this article may not:

(1) list any state or local agency more than once; or

(2) include multiple contacts or addresses for

different divisions with respect to the same state or local agency.

SECTION 3. Article 55A.254, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsections (a-1),

(d), (e), (f), and (g) to read as follows:

(a) The court shall set a hearing on an ex parte petition for

expunction not earlier than the 30th day following the date [ 30 days

from the filing of ] the petition is filed and shall give a copy of

the petition and notice of hearing to each official , [ or ] agency , or

other [ governmental ] entity listed [ named ] in the petition , other

than central federal depositories of criminal records, [ reasonable

notice of the hearing ] by:

(1) certified mail, return receipt requested; or

(2) secure electronic mail, electronic transmission,

or facsimile transmission.

(a-1) The clerk of the court is not required to transmit a

copy of either the petition or notice of hearing to the Office of

Court Administration of the Texas Judicial System.

(d) A state or local agency with an e-mail address that is

identified under Article 55A.253(a) must accept a copy of the

petition or notice of hearing that is provided in an electronic

format by the clerk of the court.

(e) The clerk of the court may not charge a fee to

electronically transmit a copy of the petition or notice of hearing

to an official, agency, or other entity for which an e-mail address

or other means of electronic transmission is provided in the

petition.

(f) The clerk of the court shall charge a fee of $25 for each

official, agency, or other entity that is listed in the petition and

that is unable to receive an electronic transmission under

Subsection (e).

(g) On receipt of a copy of a petition or notice of hearing

under this article, the Department of Public Safety shall notify

the appropriate central federal depositories of criminal records

listed in the petition.

SECTION 4. Article 55A.256, Code of Criminal Procedure, is

amended by amending Subsection (c) and adding Subsection (c-1) to

read as follows:

(c) After verifying the allegations in the application, the

attorney representing the state shall:

(1) include on the application information regarding

the arrest that was requested of the applicant but was unknown by

the applicant;

(2) forward a copy of the application to the district

court for the county;

(3) together with the applicable physical and [ or ]

e-mail addresses, attach to the copy 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 are reasonably likely to have records or files

containing information that is subject to expunction; and

(C) private entities that compile and

disseminate for compensation criminal history record information

that are reasonably likely to have records or files containing

information that is subject to expunction; and

(4) request the court to enter an order directing

expunction based on an entitlement to expunction under Article

55A.006.

(c-1) An application under this article may not:

(1) list any state or local agency more than once; or

(2) include multiple contacts or addresses for

different divisions with respect to the same state or local agency.

SECTION 5. Article 55A.351, Code of Criminal Procedure, is

amended by amending Subsections (a), (b), and (c) and adding

Subsections (b-1), (b-2), and (b-3) to read as follows:

(a) When an expunction order issued under Subchapter E or F

is final, the clerk of the court shall send a [ certified ] copy of

the order to the Crime Records Service of the Department of Public

Safety , the Office of Court Administration of the Texas Judicial

System, and to each official or agency or other governmental entity

of this state or of any political subdivision of this state listed

[ named ] in the order.

(b) The [ certified ] copy of the order must be sent by secure

electronic mail, electronic transmission, or facsimile

transmission or otherwise by certified mail, return receipt

requested.

(b-1) A state or local agency with an e-mail address that is

identified under Article 55A.253 or 55A.256 must accept a copy of an

expunction order that is provided in an electronic format by the

clerk of the court.

(b-2) The clerk of the court may not charge a fee to

electronically transmit a copy of the expunction order to an

official or agency or other governmental entity for which an e-mail

address or other means of electronic transmission is provided in

the applicable petition or application.

(b-3) The clerk of the court shall charge a fee of $25 for

each official, agency, or other governmental entity that is listed

in the applicable petition or application and that is unable to

receive an electronic transmission under Subsection (b-2).

(c) In sending the order under Subsection (a) to a

governmental entity listed [ named ] in the order, the clerk may

elect to substitute hand delivery for certified mail, but the clerk

must receive a receipt for that hand-delivered order.

SECTION 6. Article 55A.352(c), Code of Criminal Procedure,

is amended to read as follows:

(c) The department shall provide, by secure electronic

mail, electronic transmission, or facsimile transmission, notice

of the order to any private entity that is listed [ named ] in the

order or that purchases criminal history record information from

the department.

SECTION 7. Article 55A.353, Code of Criminal Procedure, is

amended to read as follows:

Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as

provided by Articles 55A.354 and 55A.357, on receipt of an

expunction order issued under Subchapter E or F, each official or

agency or other governmental entity listed [ named ] in the order

shall:

(1) as appropriate:

(A) return all records and files that are subject

to the expunction order to the court; or

(B) in cases other than those described by

Articles 55A.202 and 55A.203, if removal is impracticable,

obliterate all portions of the record or file that identify the

person who is the subject of the order and notify the court of the

action; and

(2) delete from the listed [ named ] entity's public

records all index references to the records and files that are

subject to the expunction order.

SECTION 8. Article 55A.354, Code of Criminal Procedure, is

amended to read as follows:

Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO

MISTAKEN IDENTITY. On receipt of an order granting expunction to a

person entitled to expunction under Article 55A.006, each official,

agency, or other governmental entity listed [ named ] in the order:

(1) shall:

(A) obliterate all portions of the record or file

that identify the person who is the subject of the order; and

(B) if applicable, substitute for all

obliterated portions of the record or file any available

information that identifies the person arrested; and

(2) may not return the record or file or delete index

references to the record or file.

SECTION 9. Article 55A.356, Code of Criminal Procedure, is

amended by amending Subsection (c) and adding Subsection (c-1) to

read as follows:

(c) Except in the case of a person who is the subject of an

expunction order on the basis of an acquittal or an expunction order

based on an entitlement under Article 55A.006 and except as

provided by Article 55A.357, the clerk of the court shall destroy

all the files or other records maintained under Subsection (b) ,

other than the expunction order itself, on [ not earlier than the

60th day after the date the order is issued or later than ] the first

anniversary of the [ that ] date the order is issued , unless the

records or files were released under Article 55A.355.

(c-1) The clerk of the court shall maintain the expunction

order in a confidential manner and provide a copy only to the person

subject to the order after proper presentation of identification,

subject to any further order from the court regarding access to the

order.

SECTION 10. The following provisions of the Code of

Criminal Procedure are repealed:

(1) Articles 55A.356(d) and (e); and

(2) Article 102.006.

SECTION 11. Articles 55A.203, 55A.253, 55A.254, and

55A.256, Code of Criminal Procedure, as amended by this Act, apply

only to a petition or application filed on or after the effective

date of this Act. A petition or application filed before the

effective date of this Act is governed by the law in effect on the

date the petition or application was filed, and the former law is

continued in effect for that purpose.

SECTION 12. Article 55A.351, Code of Criminal Procedure, as

amended by this Act, applies only to an expunction order that

becomes final on or after the effective date of this Act.

SECTION 13. Article 55A.356(c), Code of Criminal Procedure,

as amended by this Act, Article 55A.356(c-1), Code of Criminal

Procedure, as added by this Act, and Articles 55A.356(d) and (e),

Code of Criminal Procedure, as repealed by this Act, apply to any

records and files in the possession of the clerk of the court on or

after the effective date of this Act.

SECTION 14. The repeal of Article 102.006, Code of Criminal

Procedure, by this Act applies to an expunction order entered on or

after the effective date of this Act, regardless of whether the

underlying arrest occurred before, on, or after the effective date

of this Act.

SECTION 15. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 16. This Act takes effect September 1, 2025.