bill letting statutory county courts handle expunctions

The text as introduced · 1,344 words

89R9343 JRR-D

By: Hinojosa of Hidalgo
S.B. No. 2673

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.