Texas 2025 - 89th Regular

Texas Senate Bill SB1515 Compare Versions

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

Old	New	Differences
1	1	89R3130 JRR-D
2	2	By: Johnson S.B. No. 1515
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the expunction of all records and files related to
10	10	arrests for certain decriminalized misdemeanor offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 55A, Code of Criminal
13	13	Procedure, is amended by adding Article 55A.007 to read as follows:
14	14	Art. 55A.007. CERTAIN DECRIMINALIZED MISDEMEANOR OFFENSES.
15	15	A person to whom this subchapter applies is entitled to the
16	16	expunction of all records and files related to the arrest,
17	17	including, as applicable, any records and files related to a
18	18	conviction of the offense, if:
19	19	(1) the person is convicted of or placed on deferred
20	20	adjudication community supervision under Subchapter C, Chapter
21	21	42A, for the offense for which the person was arrested;
22	22	(2) the offense for which the person was arrested was a
23	23	misdemeanor offense and the conduct that was the subject of the
24	24	offense as applied to the person has been statutorily
25	25	decriminalized subsequent to the date of the commission of the
26	26	offense; and
27	27	(3) as applicable:
28	28	(A) the person's sentence, including any term of
29	29	confinement or period of community supervision imposed and payment
30	30	of all fines and costs imposed, is finally discharged; or
31	31	(B) the person received a dismissal and discharge
32	32	under Article 42A.111 for the offense.
33	33	SECTION 2. Article 55A.251, Code of Criminal Procedure, is
34	34	amended to read as follows:
35	35	Art. 55A.251. FILING OF PETITION. (a) A person who is
36	36	entitled to expunction of records and files under Article 55A.002,
37	37	55A.004, or 55A.005 or Subchapter B, or a person who is eligible for
38	38	expunction of records and files under Article 55A.101, may, subject
39	39	to Article 55A.252, file an ex parte petition for expunction in a
40	40	district court for the county in which:
41	41	(1) the petitioner was arrested; or
42	42	(2) the offense was alleged to have occurred.
43	43	(b) A person who is entitled to expunction of records and
44	44	files under Article 55A.007 may file an ex parte petition for
45	45	expunction in the court that convicted the person or placed the
46	46	person on deferred adjudication community supervision.
47	47	SECTION 3. Subchapter F, Chapter 55A, Code of Criminal
48	48	Procedure, is amended by adding Article 55A.2545 to read as
49	49	follows:
50	50	Art. 55A.2545. PETITIONER DEMONSTRATION AT HEARING FOR
51	51	EXPUNCTION OF DECRIMINALIZED MISDEMEANOR OFFENSE. At a hearing
52	52	held on a petition for expunction on the basis of an entitlement
53	53	under Article 55A.007, the court may require the petitioner to
54	54	demonstrate that the offense that is the subject of the petition
55	55	qualifies as a statutorily decriminalized offense under current
56	56	law. The demonstration may include an affidavit signed by the
57	57	petitioner attesting to the fact that the offense that is the
58	58	subject of the petition qualifies as a statutorily decriminalized
59	59	offense under current law.
60	60	SECTION 4. Article 55A.257, Code of Criminal Procedure, is
61	61	amended to read as follows:
62	62	Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
63	63	ON PERSON'S BEHALF. The director of the Department of Public Safety
64	64	or the director's authorized representative may file on behalf of a
65	65	person described by Article 55A.251(a) [55A.251] or 55A.256 an ex
66	66	parte petition for expunction in a district court for the county in
67	67	which:
68	68	(1) the person was arrested; or
69	69	(2) the offense was alleged to have occurred.
70	70	SECTION 5. Subchapter H, Chapter 55A, Code of Criminal
71	71	Procedure, is amended by adding Article 55A.3565 to read as
72	72	follows:
73	73	Art. 55A.3565. RETENTION AND INSPECTION OF CERTAIN RECORDS
74	74	AFTER EXPUNCTION OF DECRIMINALIZED MISDEMEANOR OFFENSE. (a) This
75	75	article applies only to records and files for which an expunction
76	76	order has been issued on the basis of an entitlement under Article
77	77	55A.007.
78	78	(b) Notwithstanding any other law, the law enforcement
79	79	agency, the prosecuting attorney responsible for investigating the
80	80	offense for which the expunction order was issued, and the clerk of
81	81	the applicable court may retain the records and files relating to
82	82	the arrest for the offense, including any records and files related
83	83	to a conviction of the offense, to be used only:
84	84	(1) for the investigation or prosecution of another
85	85	offense arising out of the same transaction for which the person who
86	86	is the subject of the order was arrested; or
87	87	(2) by the office of the governor in determining
88	88	whether to issue a pardon or commute a sentence.
89	89	(c) The records and files for which the expunction order was
90	90	issued are not open for inspection by anyone, except that the
91	91	records and files are open for inspection by the person who is the
92	92	subject of the order or for the purposes described by Subsection
93	93	(b).
94	94	SECTION 6. Article 102.006(b), Code of Criminal Procedure,
95	95	is amended to read as follows:
96	96	(b) The fees under Subsection (a) or the fee under
97	97	Subsection (a-1), as applicable, shall be waived if:
98	98	(1) the petitioner seeks expunction of a criminal
99	99	record that relates to an arrest for an offense of which the person
100	100	was acquitted, other than an acquittal for an offense described by
101	101	Article 55A.151, and the petition for expunction is filed not later
102	102	than the 30th day after the date of the acquittal; or
103	103	(2) the petitioner is entitled to expunction under
104	104	Article 55A.007.
105	105	SECTION 7. This Act applies to an expunction of arrest
106	106	records and files relating to any misdemeanor offense that was
107	107	committed before, on, or after the effective date of this Act.
108	108	SECTION 8. This Act takes effect September 1, 2025.