Texas 2025 - 89th Regular

Texas House Bill HB1666 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2944 JRR-D
2	2	By: Canales H.B. No. 1666
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the expunction of arrest records and files relating to
10	10	certain nonviolent misdemeanor offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 55A, Code of Criminal
13	13	Procedure, is amended by adding Article 55A.007 to read as follows:
14	14	Art. 55A.007. FOLLOWING DEFERRED ADJUDICATION COMMUNITY
15	15	SUPERVISION FOR CERTAIN NONVIOLENT MISDEMEANOR OFFENSES. A person
16	16	to whom this subchapter applies is entitled to have all records and
17	17	files related to the arrest expunged if:
18	18	(1) the person is placed under a custodial or
19	19	noncustodial arrest for a misdemeanor offense other than a
20	20	misdemeanor offense under:
21	21	(A) Chapter 483, Health and Safety Code;
22	22	(B) Chapter 25, 42, 43, 46, or 71, Penal Code;
23	23	(C) Section 48.02, Penal Code; or
24	24	(D) Title 5 or 8, Penal Code;
25	25	(2) the person was placed on deferred adjudication
26	26	community supervision under Subchapter C, Chapter 42A, for the
27	27	misdemeanor offense described by Subdivision (1) for which the
28	28	person was arrested and subsequently received a dismissal and
29	29	discharge under Article 42A.111;
30	30	(3) the person was not required to register as a sex
31	31	offender under Chapter 62 as a condition of or as a result of the
32	32	person's placement on deferred adjudication community supervision
33	33	as described by Subdivision (2);
34	34	(4) the person has not been convicted of or placed on
35	35	deferred adjudication community supervision under Subchapter C,
36	36	Chapter 42A, for an offense, other than a traffic offense
37	37	punishable by fine only, committed after the date of the commission
38	38	of the misdemeanor offense described by Subdivision (1) for which
39	39	the person was placed on deferred adjudication community
40	40	supervision as described by Subdivision (2);
41	41	(5) there are no charges pending against the person
42	42	for the commission of any offense, other than a traffic offense
43	43	punishable by fine only; and
44	44	(6) a period of not less than five years has passed
45	45	since the date on which the person received the dismissal and
46	46	discharge described by Subdivision (2).
47	47	SECTION 2. Article 55A.251, Code of Criminal Procedure, is
48	48	amended to read as follows:
49	49	Art. 55A.251. FILING OF PETITION. (a) A person who is
50	50	entitled to expunction of records and files under Article 55A.002,
51	51	55A.004, or 55A.005 or Subchapter B, or a person who is eligible for
52	52	expunction of records and files under Article 55A.101, may, subject
53	53	to Article 55A.252, file an ex parte petition for expunction in a
54	54	district court for the county in which:
55	55	(1) the petitioner was arrested; or
56	56	(2) the offense was alleged to have occurred.
57	57	(b) A person who is entitled to expunction of records and
58	58	files under Article 55A.007 may file an ex parte petition for
59	59	expunction in the court that placed the person on deferred
60	60	adjudication community supervision.
61	61	SECTION 3. Article 55A.253, Code of Criminal Procedure, is
62	62	amended to read as follows:
63	63	Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte
64	64	petition filed under Article 55A.251, 55A.252, or 55A.257 must be
65	65	verified and must include, with respect to the person who is the
66	66	subject of the petition, the following or an explanation for why one
67	67	or more of the following is not included:
68	68	(1) the person's:
69	69	(A) full name;
70	70	(B) sex;
71	71	(C) race;
72	72	(D) date of birth;
73	73	(E) driver's license number;
74	74	(F) social security number; and
75	75	(G) address at the time of the arrest;
76	76	(2) the offense charged;
77	77	(3) the date the offense charged was alleged to have
78	78	been committed;
79	79	(4) the date of arrest;
80	80	(5) the name of the county of arrest and if the arrest
81	81	occurred in a municipality, the name of the municipality;
82	82	(6) the name of the arresting agency;
83	83	(7) the case number and court of offense; and
84	84	(8) together with the applicable physical or e-mail
85	85	addresses, a list of all:
86	86	(A) law enforcement agencies, jails or other
87	87	detention facilities, magistrates, courts, attorneys representing
88	88	the state, correctional facilities, central state depositories of
89	89	criminal records, and other officials or agencies or other entities
90	90	of this state or of any political subdivision of this state;
91	91	(B) central federal depositories of criminal
92	92	records that the person who is the subject of the petition has
93	93	reason to believe have records or files that are subject to
94	94	expunction; and
95	95	(C) private entities that compile and
96	96	disseminate for compensation criminal history record information
97	97	that the person who is the subject of the petition has reason to
98	98	believe have information related to records or files that are
99	99	subject to expunction.
100	100	(b) In addition to the information required under
101	101	Subsection (a), an ex parte petition filed under Article 55A.251(b)
102	102	must contain a statement that:
103	103	(1) the person was not required to register as a sex
104	104	offender under Chapter 62 as a condition of or as a result of the
105	105	person's placement on deferred adjudication community supervision
106	106	as described by Article 55A.007(3);
107	107	(2) the person has not been convicted of or placed on
108	108	deferred adjudication community supervision under Subchapter C,
109	109	Chapter 42A, for an offense, other than a traffic offense
110	110	punishable by fine only, committed after the date of the commission
111	111	of the misdemeanor offense for which the person seeks an order of
112	112	expunction; and
113	113	(3) there are no charges pending against the person
114	114	for the commission of any offense, other than a traffic offense
115	115	punishable by fine only.
116	116	SECTION 4. Article 55A.257, Code of Criminal Procedure, is
117	117	amended to read as follows:
118	118	Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
119	119	ON PERSON'S BEHALF. The director of the Department of Public Safety
120	120	or the director's authorized representative may file on behalf of a
121	121	person described by Article 55A.251(a) [55A.251] or 55A.256 an ex
122	122	parte petition for expunction in a district court for the county in
123	123	which:
124	124	(1) the person was arrested; or
125	125	(2) the offense was alleged to have occurred.
126	126	SECTION 5. Article 102.006(b), Code of Criminal Procedure,
127	127	is amended to read as follows:
128	128	(b) The fees under Subsection (a) or the fee under
129	129	Subsection (a-1), as applicable, shall be waived if:
130	130	(1) the petitioner seeks expunction of a criminal
131	131	record that relates to an arrest for an offense of which the person
132	132	was acquitted, other than an acquittal for an offense described by
133	133	Article 55A.151, and the petition for expunction is filed not later
134	134	than the 30th day after the date of the acquittal; or
135	135	(2) the petitioner is entitled to expunction under any
136	136	provision of Chapter 55A and the court finds that the petitioner is
137	137	indigent.
138	138	SECTION 6. This Act applies to an expunction of arrest
139	139	records and files relating to any misdemeanor offense that was
140	140	committed before, on, or after the effective date of this Act.
141	141	SECTION 7. This Act takes effect September 1, 2025.