| 1 | 1 | | 89R1730 JCG-D |
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| 2 | 2 | | By: Bowers H.B. No. 1820 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the expunction of arrest records and files when a grand |
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| 10 | 10 | | jury fails to find that probable cause exists to believe the alleged |
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| 11 | 11 | | offense was committed. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article 55A.052(a), Code of Criminal Procedure, |
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| 14 | 14 | | is amended to read as follows: |
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| 15 | 15 | | (a) A person to whom this subchapter applies is entitled to |
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| 16 | 16 | | have all records and files relating to the arrest expunged if an |
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| 17 | 17 | | indictment or information charging the person with the commission |
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| 18 | 18 | | of a misdemeanor offense based on the person's arrest or charging |
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| 19 | 19 | | the person with the commission of any felony offense arising out of |
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| 20 | 20 | | the same transaction for which the person was arrested has not been |
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| 21 | 21 | | presented against the person at any time following the arrest and |
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| 22 | 22 | | if: |
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| 23 | 23 | | (1) at least 180 days have elapsed from the date of |
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| 24 | 24 | | arrest if the arrest for which the expunction was sought was for an |
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| 25 | 25 | | offense punishable as a Class C misdemeanor and there was no felony |
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| 26 | 26 | | charge arising out of the same transaction for which the person was |
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| 27 | 27 | | arrested; |
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| 28 | 28 | | (2) at least one year has elapsed from the date of |
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| 29 | 29 | | arrest if the arrest for which the expunction was sought was for an |
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| 30 | 30 | | offense punishable as a Class B or A misdemeanor and there was no |
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| 31 | 31 | | felony charge arising out of the same transaction for which the |
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| 32 | 32 | | person was arrested; |
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| 33 | 33 | | (3) at least three years have elapsed from the date of |
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| 34 | 34 | | arrest if the arrest for which the expunction was sought was for an |
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| 35 | 35 | | offense punishable as a felony or there was a felony charge arising |
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| 36 | 36 | | out of the same transaction for which the person was arrested; [or] |
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| 37 | 37 | | (4) the attorney representing the state certifies that |
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| 38 | 38 | | the applicable arrest records and files are not needed for use in |
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| 39 | 39 | | any criminal investigation or prosecution, including an |
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| 40 | 40 | | investigation or prosecution of another person; or |
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| 41 | 41 | | (5) the presentment did not occur solely because the |
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| 42 | 42 | | grand jury failed to find that probable cause exists to believe the |
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| 43 | 43 | | person committed the offense. |
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| 44 | 44 | | SECTION 2. The change in law made by this Act applies to the |
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| 45 | 45 | | expunction of arrest records and files for any criminal offense |
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| 46 | 46 | | that occurred before, on, or after the effective date of this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2025. |
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