Texas 2025 - 89th Regular

Texas House Bill HB2617

Filed
2/10/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the procedures for the expunction of arrest records and files for certain persons.

Impact

If enacted, HB 2617 would significantly impact the Code of Criminal Procedure, specifically areas concerning the expunction process. It reinforces the notion that successful participation in rehabilitation programs should lead to the automatic sealing of arrest records, thus providing a second chance for individuals who have faced legal challenges. This change underscores a shift towards recognizing rehabilitation over punishment and could lead to improved socio-economic opportunities for individuals previously burdened by a criminal record.

Summary

House Bill 2617 seeks to amend the procedures related to the expunction of arrest records and files for specific individuals, particularly those who have successfully completed designated treatment programs such as veterans treatment courts, mental health courts, or pretrial intervention programs. The bill stipulates that a district court must enter an expunction order for eligible individuals no later than 30 days after receiving appropriate certifications, thereby streamlining the expunction process. This legislation aims to improve the efficiency and accessibility of expunctions for people who have demonstrated rehabilitation through approved programs.

Sentiment

Overall sentiment around HB 2617 appears to be supportive among criminal justice reform advocates and various stakeholders who appreciate the bill's focus on rehabilitation. Many believe that facilitating easier expunctions will help reintegrate former offenders into society. However, there might be contention among those who argue that this could inadvertently shield problematic behaviors from public scrutiny, reflecting a concern over the balance between rehabilitation and accountability.

Contention

Key points of contention related to HB 2617 stem from concerns about the potential implications of expunction. Critics may question whether expunging records could allow individuals to hide serious offenses or fail to be held accountable for prior conduct. However, proponents argue that the benefit of allowing individuals the opportunity to move forward positively outweighs these concerns, especially considering the bill includes measures for careful evaluation and certification before expunction orders are granted.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 55. Expunction Of Criminal Records
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 124. Veterans Treatment Court Program
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 125. Mental Health Court Programs
    • Section: 001
    • Section: New Section
    • Section: 001
  • Chapter 76. Community Supervision And Corrections Departments
    • Section: 011
    • Section: New Section
    • Section: 011

Companion Bills

TX SB537

Identical Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.

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