89R1730 JCG-D
By: Bowers H.B. No. 1820
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of arrest records and files when a grand
jury fails to find that probable cause exists to believe the alleged
offense was committed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55A.052(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person to whom this subchapter applies is entitled to
have all records and files relating to the arrest expunged if an
indictment or information charging the person with the commission
of a misdemeanor offense based on the person's arrest or charging
the person with the commission of any felony offense arising out of
the same transaction for which the person was arrested has not been
presented against the person at any time following the arrest and
if:
(1) at least 180 days have elapsed from the date of
arrest if the arrest for which the expunction was sought was for an
offense punishable as a Class C misdemeanor and there was no felony
charge arising out of the same transaction for which the person was
arrested;
(2) at least one year has elapsed from the date of
arrest if the arrest for which the expunction was sought was for an
offense punishable as a Class B or A misdemeanor and there was no
felony charge arising out of the same transaction for which the
person was arrested;
(3) at least three years have elapsed from the date of
arrest if the arrest for which the expunction was sought was for an
offense punishable as a felony or there was a felony charge arising
out of the same transaction for which the person was arrested; [or]
(4) the attorney representing the state certifies that
the applicable arrest records and files are not needed for use in
any criminal investigation or prosecution, including an
investigation or prosecution of another person; or
(5) the presentment did not occur solely because the
grand jury failed to find that probable cause exists to believe the
person committed the offense.
SECTION 2. 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 3. This Act takes effect September 1, 2025.