Texas House Bill HB2328

Texas 2025 - 89th Regular

• Filed: 2/3/25

Caption

Relating to the procedures for the expunction of arrest records and files; authorizing a fee.

Impact

The bill revises existing procedures and requirements surrounding expunctions, potentially leading to increased access for individuals seeking to clear their records. The introduction of fees for certain processes, such as a $25 charge for manually processing expunction petitions for agencies unable to receive electronic submissions, aims to create a more efficient system while also generating revenue. However, it raises questions about accessibility, as charging fees may disproportionately affect low-income individuals seeking expunctions.

Summary

House Bill 2328 introduces amendments to the Code of Criminal Procedure concerning the expunction of arrest records and files. It aims to streamline the process by which individuals can petition for the removal of arrest records from public view, reflecting a growing recognition of the importance of minimizing the long-term impact of arrests on individuals' lives. The bill specifies the information required in a petition for expunction, making it clear what details must be included, such as personal identifiers and details related to the arrest.

Contention

One notable point of contention surrounding HB 2328 is the introduction of fees associated with expunction proceedings. Advocates for criminal justice reform argue that any fees could hinder individuals from pursuing expunction, maintaining that the process should be entirely free to allow for equitable access for all. Additionally, there may be discussions regarding the threshold for information required in petitions and how it may complicate or facilitate the expunction process for individuals with complex cases.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 55. Expunction Of Criminal Records
  • Section: New Section