Texas 2025 - 89th Regular

Texas House Bill HB2229

Filed
1/29/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the expunction of arrest records and files by a statutory county court.

Impact

The changes put forth in HB 2229 will modify existing laws under the Code of Criminal Procedure, specifically focusing on how arrest records can be expunged across various court systems. By granting statutory county courts concurrent jurisdiction with district courts for expunction proceedings, the bill aims to increase accessibility and efficiency in legal processes. This expansion could help mitigate the negative impacts of having a criminal record by allowing individuals to seek redemption through legal means more quickly, thus fostering reintegration into society.

Summary

House Bill 2229 aims to amend the procedures regarding the expunction of arrest records and files, allowing statutory county courts to handle expunctions related to crimes under their jurisdiction. The bill proposes that individuals acquitted of charges can have their arrest records expunged more efficiently and outlines specific timelines for expunction orders—mandating that they be entered within 30 days of acquittals. It seeks to streamline the process for those seeking to clear their records, potentially impacting thousands of individuals who have faced unjust charges.

Sentiment

Overall, the sentiment around HB 2229 appears to be positive among supporters who advocate for the rights of individuals who have been acquitted. Many see the bill as a necessary improvement to existing laws that hamper the expunction process. However, some concerns have been raised about the implications of giving statutory county courts the power to expunge records, particularly regarding the uniformity and consistency of expunction standards across jurisdictions. Those wary of such changes question whether this could lead to discrepancies in how similar cases are handled.

Contention

Notable points of contention include discussions on whether the fee structure of $100 for filing an ex parte petition for expunction might act as a barrier for some individuals seeking to clear their records. Critics argue that while the bill aims to simplify the expunction process, financial constraints could hinder access for low-income individuals. Furthermore, there is an ongoing debate about the adequacy of current protections against wrongful arrests and whether these amendments sufficiently address deeper systemic issues within the criminal justice system.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 55. Expunction Of Criminal Records
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 102. Costs, Fees, And Fines Paid By Defendants
    • Section: New Section
  • Chapter 25. Service Of A Copy Of The Indictment
    • Section: New Section

Government Code

  • Chapter 25. Statutory County Courts
    • Section: 0003

Companion Bills

TX HB2006

Same As Relating to the expunction of arrest records and files by a statutory county court.

TX SB2673

Same As Relating to the expunction of arrest records and files by a statutory county court.

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