89R2944 JRR-D
By: Canales H.B. No. 1666
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files relating to
certain nonviolent misdemeanor offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.007 to read as follows:
Art. 55A.007. FOLLOWING DEFERRED ADJUDICATION COMMUNITY
SUPERVISION FOR CERTAIN NONVIOLENT MISDEMEANOR OFFENSES. A person
to whom this subchapter applies is entitled to have all records and
files related to the arrest expunged if:
(1) the person is placed under a custodial or
noncustodial arrest for a misdemeanor offense other than a
misdemeanor offense under:
(A) Chapter 483, Health and Safety Code;
(B) Chapter 25, 42, 43, 46, or 71, Penal Code;
(C) Section 48.02, Penal Code; or
(D) Title 5 or 8, Penal Code;
(2) the person was placed on deferred adjudication
community supervision under Subchapter C, Chapter 42A, for the
misdemeanor offense described by Subdivision (1) for which the
person was arrested and subsequently received a dismissal and
discharge under Article 42A.111;
(3) the person was not required to register as a sex
offender under Chapter 62 as a condition of or as a result of the
person's placement on deferred adjudication community supervision
as described by Subdivision (2);
(4) the person has not been convicted of or placed on
deferred adjudication community supervision under Subchapter C,
Chapter 42A, for an offense, other than a traffic offense
punishable by fine only, committed after the date of the commission
of the misdemeanor offense described by Subdivision (1) for which
the person was placed on deferred adjudication community
supervision as described by Subdivision (2);
(5) there are no charges pending against the person
for the commission of any offense, other than a traffic offense
punishable by fine only; and
(6) a period of not less than five years has passed
since the date on which the person received the dismissal and
discharge described by Subdivision (2).
SECTION 2. Article 55A.251, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.251. FILING OF PETITION. (a) 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 Article 55A.252, 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.
(b) A person who is entitled to expunction of records and
files under Article 55A.007 may file an ex parte petition for
expunction in the court that placed the person on deferred
adjudication community supervision.
SECTION 3. 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 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) In addition to the information required under
Subsection (a), an ex parte petition filed under Article 55A.251(b)
must contain a statement that:
(1) the person was not required to register as a sex
offender under Chapter 62 as a condition of or as a result of the
person's placement on deferred adjudication community supervision
as described by Article 55A.007(3);
(2) the person has not been convicted of or placed on
deferred adjudication community supervision under Subchapter C,
Chapter 42A, for an offense, other than a traffic offense
punishable by fine only, committed after the date of the commission
of the misdemeanor offense for which the person seeks an order of
expunction; and
(3) there are no charges pending against the person
for the commission of any offense, other than a traffic offense
punishable by fine only.
SECTION 4. Article 55A.257, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
ON PERSON'S BEHALF. The director of the Department of Public Safety
or the director's authorized representative may file on behalf of a
person described by Article 55A.251(a) [55A.251] or 55A.256 an ex
parte petition for expunction in a district court for the county in
which:
(1) the person was arrested; or
(2) the offense was alleged to have occurred.
SECTION 5. Article 102.006(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if:
(1) the petitioner seeks expunction of a criminal
record that relates to an arrest for an offense of which the person
was acquitted, other than an acquittal for an offense described by
Article 55A.151, and the petition for expunction is filed not later
than the 30th day after the date of the acquittal; or
(2) the petitioner is entitled to expunction under any
provision of Chapter 55A and the court finds that the petitioner is
indigent.
SECTION 6. This Act applies to an expunction of arrest
records and files relating to any misdemeanor offense that was
committed before, on, or after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2025.