Texas 2025 - 89th Regular

Texas House Bill HB2328 Compare Versions

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

Old	New	Differences
1	1	89R3013 JSC-F
2	2	By: Orr H.B. No. 2328
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for the expunction of arrest records and
10	10	files; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 55A.203, Code of Criminal Procedure, is
13	13	amended by adding Subsection (d) to read as follows:
14	14	(d) A person entitled to expunction under Article
15	15	55A.053(a)(2)(A) or (B) shall provide the court with the
16	16	information required in a petition for expunction under Article
17	17	55A.253.
18	18	SECTION 2. Article 55A.253, Code of Criminal Procedure, is
19	19	amended to read as follows:
20	20	Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte
21	21	petition filed under Article 55A.251, 55A.252, or 55A.257 must be
22	22	verified and must include, with respect to the person who is the
23	23	subject of the petition, the following or an explanation for why one
24	24	or more of the following is not included:
25	25	(1) the person's:
26	26	(A) full name;
27	27	(B) sex;
28	28	(C) race;
29	29	(D) date of birth;
30	30	(E) driver's license number;
31	31	(F) social security number; and
32	32	(G) address at the time of the arrest;
33	33	(2) the offense charged;
34	34	(3) the date the offense charged was alleged to have
35	35	been committed;
36	36	(4) the date of arrest;
37	37	(5) the name of the county of arrest and if the arrest
38	38	occurred in a municipality, the name of the municipality;
39	39	(6) the name of the arresting agency;
40	40	(7) the case number and court of offense; and
41	41	(8) together with the applicable physical and [or]
42	42	e-mail addresses, a list of all:
43	43	(A) law enforcement agencies, jails or other
44	44	detention facilities, magistrates, courts, attorneys representing
45	45	the state, correctional facilities, central state depositories of
46	46	criminal records, and other officials or agencies or other entities
47	47	of this state or of any political subdivision of this state;
48	48	(B) central federal depositories of criminal
49	49	records that the person who is the subject of the petition has
50	50	reason to believe have records or files that are subject to
51	51	expunction; and
52	52	(C) private entities that compile and
53	53	disseminate for compensation criminal history record information
54	54	that the person who is the subject of the petition has reason to
55	55	believe have information related to records or files that are
56	56	subject to expunction.
57	57	(b) A petition under this article may not:
58	58	(1) list any state or local agency more than once; or
59	59	(2) include multiple contacts or addresses for
60	60	different divisions with respect to the same state or local agency.
61	61	SECTION 3. Article 55A.254, Code of Criminal Procedure, is
62	62	amended by amending Subsection (a) and adding Subsections (a-1),
63	63	(d), (e), (f), and (g) to read as follows:
64	64	(a) The court shall set a hearing on an ex parte petition for
65	65	expunction not earlier than the 30th day following the date [30 days
66	66	from the filing of] the petition is filed and shall give a copy of
67	67	the petition and notice of hearing to each official, [or] agency, or
68	68	other [governmental] entity listed [named] in the petition, other
69	69	than central federal depositories of criminal records, [reasonable
70	70	notice of the hearing] by:
71	71	(1) certified mail, return receipt requested; or
72	72	(2) secure electronic mail, electronic transmission,
73	73	or facsimile transmission.
74	74	(a-1) The clerk of the court is not required to transmit a
75	75	copy of either the petition or notice of hearing to the Office of
76	76	Court Administration of the Texas Judicial System.
77	77	(d) A state or local agency with an e-mail address that is
78	78	identified under Article 55A.253(a) must accept a copy of the
79	79	petition or notice of hearing that is provided in an electronic
80	80	format by the clerk of the court.
81	81	(e) The clerk of the court may not charge a fee to
82	82	electronically transmit a copy of the petition or notice of hearing
83	83	to an official, agency, or other entity for which an e-mail address
84	84	or other means of electronic transmission is provided in the
85	85	petition.
86	86	(f) The clerk of the court shall charge a fee of $25 for each
87	87	official, agency, or other entity that is listed in the petition and
88	88	that is unable to receive an electronic transmission under
89	89	Subsection (e).
90	90	(g) On receipt of a copy of a petition or notice of hearing
91	91	under this article, the Department of Public Safety shall notify
92	92	the appropriate central federal depositories of criminal records
93	93	listed in the petition.
94	94	SECTION 4. Article 55A.256, Code of Criminal Procedure, is
95	95	amended by amending Subsection (c) and adding Subsection (c-1) to
96	96	read as follows:
97	97	(c) After verifying the allegations in the application, the
98	98	attorney representing the state shall:
99	99	(1) include on the application information regarding
100	100	the arrest that was requested of the applicant but was unknown by
101	101	the applicant;
102	102	(2) forward a copy of the application to the district
103	103	court for the county;
104	104	(3) together with the applicable physical and [or]
105	105	e-mail addresses, attach to the copy a list of all:
106	106	(A) law enforcement agencies, jails or other
107	107	detention facilities, magistrates, courts, attorneys representing
108	108	the state, correctional facilities, central state depositories of
109	109	criminal records, and other officials or agencies or other entities
110	110	of this state or of any political subdivision of this state;
111	111	(B) central federal depositories of criminal
112	112	records that are reasonably likely to have records or files
113	113	containing information that is subject to expunction; and
114	114	(C) private entities that compile and
115	115	disseminate for compensation criminal history record information
116	116	that are reasonably likely to have records or files containing
117	117	information that is subject to expunction; and
118	118	(4) request the court to enter an order directing
119	119	expunction based on an entitlement to expunction under Article
120	120	55A.006.
121	121	(c-1) An application under this article may not:
122	122	(1) list any state or local agency more than once; or
123	123	(2) include multiple contacts or addresses for
124	124	different divisions with respect to the same state or local agency.
125	125	SECTION 5. Article 55A.351, Code of Criminal Procedure, is
126	126	amended by amending Subsections (a), (b), and (c) and adding
127	127	Subsections (b-1), (b-2), and (b-3) to read as follows:
128	128	(a) When an expunction order issued under Subchapter E or F
129	129	is final, the clerk of the court shall send a [certified] copy of
130	130	the order to the Crime Records Service of the Department of Public
131	131	Safety, the Office of Court Administration of the Texas Judicial
132	132	System, and to each official or agency or other governmental entity
133	133	of this state or of any political subdivision of this state listed
134	134	[named] in the order.
135	135	(b) The [certified] copy of the order must be sent by secure
136	136	electronic mail, electronic transmission, or facsimile
137	137	transmission or otherwise by certified mail, return receipt
138	138	requested.
139	139	(b-1) A state or local agency with an e-mail address that is
140	140	identified under Article 55A.253 or 55A.256 must accept a copy of an
141	141	expunction order that is provided in an electronic format by the
142	142	clerk of the court.
143	143	(b-2) The clerk of the court may not charge a fee to
144	144	electronically transmit a copy of the expunction order to an
145	145	official or agency or other governmental entity for which an e-mail
146	146	address or other means of electronic transmission is provided in
147	147	the applicable petition or application.
148	148	(b-3) The clerk of the court shall charge a fee of $25 for
149	149	each official, agency, or other governmental entity that is listed
150	150	in the applicable petition or application and that is unable to
151	151	receive an electronic transmission under Subsection (b-2).
152	152	(c) In sending the order under Subsection (a) to a
153	153	governmental entity listed [named] in the order, the clerk may
154	154	elect to substitute hand delivery for certified mail, but the clerk
155	155	must receive a receipt for that hand-delivered order.
156	156	SECTION 6. Article 55A.352(c), Code of Criminal Procedure,
157	157	is amended to read as follows:
158	158	(c) The department shall provide, by secure electronic
159	159	mail, electronic transmission, or facsimile transmission, notice
160	160	of the order to any private entity that is listed [named] in the
161	161	order or that purchases criminal history record information from
162	162	the department.
163	163	SECTION 7. Article 55A.353, Code of Criminal Procedure, is
164	164	amended to read as follows:
165	165	Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
166	166	provided by Articles 55A.354 and 55A.357, on receipt of an
167	167	expunction order issued under Subchapter E or F, each official or
168	168	agency or other governmental entity listed [named] in the order
169	169	shall:
170	170	(1) as appropriate:
171	171	(A) return all records and files that are subject
172	172	to the expunction order to the court; or
173	173	(B) in cases other than those described by
174	174	Articles 55A.202 and 55A.203, if removal is impracticable,
175	175	obliterate all portions of the record or file that identify the
176	176	person who is the subject of the order and notify the court of the
177	177	action; and
178	178	(2) delete from the listed [named] entity's public
179	179	records all index references to the records and files that are
180	180	subject to the expunction order.
181	181	SECTION 8. Article 55A.354, Code of Criminal Procedure, is
182	182	amended to read as follows:
183	183	Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO
184	184	MISTAKEN IDENTITY. On receipt of an order granting expunction to a
185	185	person entitled to expunction under Article 55A.006, each official,
186	186	agency, or other governmental entity listed [named] in the order:
187	187	(1) shall:
188	188	(A) obliterate all portions of the record or file
189	189	that identify the person who is the subject of the order; and
190	190	(B) if applicable, substitute for all
191	191	obliterated portions of the record or file any available
192	192	information that identifies the person arrested; and
193	193	(2) may not return the record or file or delete index
194	194	references to the record or file.
195	195	SECTION 9. Article 55A.356, Code of Criminal Procedure, is
196	196	amended by amending Subsection (c) and adding Subsection (c-1) to
197	197	read as follows:
198	198	(c) Except in the case of a person who is the subject of an
199	199	expunction order on the basis of an acquittal or an expunction order
200	200	based on an entitlement under Article 55A.006 and except as
201	201	provided by Article 55A.357, the clerk of the court shall destroy
202	202	all the files or other records maintained under Subsection (b),
203	203	other than the expunction order itself, on [not earlier than the
204	204	60th day after the date the order is issued or later than] the first
205	205	anniversary of the [that] date the order is issued, unless the
206	206	records or files were released under Article 55A.355.
207	207	(c-1) The clerk of the court shall maintain the expunction
208	208	order in a confidential manner and provide a copy only to the person
209	209	subject to the order after proper presentation of identification,
210	210	subject to any further order from the court regarding access to the
211	211	order.
212	212	SECTION 10. The following provisions of the Code of
213	213	Criminal Procedure are repealed:
214	214	(1) Articles 55A.356(d) and (e); and
215	215	(2) Article 102.006.
216	216	SECTION 11. Articles 55A.203, 55A.253, 55A.254, and
217	217	55A.256, Code of Criminal Procedure, as amended by this Act, apply
218	218	only to a petition or application filed on or after the effective
219	219	date of this Act. A petition or application filed before the
220	220	effective date of this Act is governed by the law in effect on the
221	221	date the petition or application was filed, and the former law is
222	222	continued in effect for that purpose.
223	223	SECTION 12. Article 55A.351, Code of Criminal Procedure, as
224	224	amended by this Act, applies only to an expunction order that
225	225	becomes final on or after the effective date of this Act.
226	226	SECTION 13. Article 55A.356(c), Code of Criminal Procedure,
227	227	as amended by this Act, Article 55A.356(c-1), Code of Criminal
228	228	Procedure, as added by this Act, and Articles 55A.356(d) and (e),
229	229	Code of Criminal Procedure, as repealed by this Act, apply to any
230	230	records and files in the possession of the clerk of the court on or
231	231	after the effective date of this Act.
232	232	SECTION 14. The repeal of Article 102.006, Code of Criminal
233	233	Procedure, by this Act applies to an expunction order entered on or
234	234	after the effective date of this Act, regardless of whether the
235	235	underlying arrest occurred before, on, or after the effective date
236	236	of this Act.
237	237	SECTION 15. To the extent of any conflict, this Act prevails
238	238	over another Act of the 89th Legislature, Regular Session, 2025,
239	239	relating to nonsubstantive additions to and corrections in enacted
240	240	codes.
241	241	SECTION 16. This Act takes effect September 1, 2025.