By: Zaffirini S.B. No. 1667
(In the Senate - Filed February 27, 2025; March 11, 2025,
read first time and referred to Committee on Criminal Justice;
April 10, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 10, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1667 By: Flores
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for the expunction of arrest records and
files; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55A.203, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) A person entitled to expunction under Article
55A.053(a)(2)(A) or (B) shall provide the court with the
information required in a petition for expunction under Article
55A.253.
SECTION 2. Article 55A.253, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte
petition filed under Article 55A.251, 55A.252, or 55A.257 must be
verified and must include, with respect to the person who is the
subject of the petition, the following or an explanation for why one
or more of the following is not included:
(1) the person's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number;
(F) social security number; and
(G) address at the time of the arrest;
(2) the offense charged;
(3) the date the offense charged was alleged to have
been committed;
(4) the date of arrest;
(5) the name of the county of arrest and if the arrest
occurred in a municipality, the name of the municipality;
(6) the name of the arresting agency;
(7) the case number and court of offense; and
(8) together with the applicable physical and [or]
e-mail addresses, a list of all:
(A) law enforcement agencies, jails or other
detention facilities, magistrates, courts, attorneys representing
the state, correctional facilities, central state depositories of
criminal records, and other officials or agencies or other entities
of this state or of any political subdivision of this state;
(B) central federal depositories of criminal
records that the person who is the subject of the petition has
reason to believe have records or files that are subject to
expunction; and
(C) private entities that compile and
disseminate for compensation criminal history record information
that the person who is the subject of the petition has reason to
believe have information related to records or files that are
subject to expunction.
(b) A petition under this article may not:
(1) list any state or local agency more than once; or
(2) include multiple contacts or addresses for
different divisions with respect to the same state or local agency.
(c) Each district clerk shall compile and maintain on the
clerk's Internet website a list of the agencies and entities
described by Subsection (a)(8)(A) and include the applicable e-mail
addresses for those agencies and entities. The district clerk is
not responsible for ensuring that:
(1) the website contains a complete list of agencies
and entities described by Subsection (a)(8)(A); or
(2) a petition filed under this article contains a
complete list of agencies and entities described by Subsection
(a)(8)(A).
SECTION 3. Article 55A.254, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsections (a-1),
(d), (e), (f), and (g) to read as follows:
(a) The court shall set a hearing on an ex parte petition for
expunction not earlier than the 30th day following the date [30 days
from the filing of] the petition is filed and shall give a copy of
the petition and notice of hearing to each official, [or] agency, or
other [governmental] entity listed [named] in the petition, other
than central federal depositories of criminal records, [reasonable
notice of the hearing] by:
(1) certified mail, return receipt requested; or
(2) secure electronic mail, electronic transmission,
or facsimile transmission.
(a-1) The clerk of the court is not required to transmit a
copy of either the petition or notice of hearing to the Office of
Court Administration of the Texas Judicial System.
(d) A state or local agency with an e-mail address that is
identified under Article 55A.253(a) must accept a copy of the
petition or notice of hearing that is provided in an electronic
format by the clerk of the court.
(e) The clerk of the court may not charge a fee to
electronically transmit a copy of the petition or notice of hearing
to an official, agency, or other entity for which an e-mail address
or other means of electronic transmission is provided in the
petition.
(f) The clerk of the court shall charge a fee of $25 for each
official, agency, or other entity that is listed in the petition and
that is unable to receive an electronic transmission under
Subsection (e).
(g) On receipt of a copy of a petition or notice of hearing
under this article, the Department of Public Safety shall notify
the appropriate central federal depositories of criminal records
listed in the petition.
SECTION 4. Article 55A.256, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) After verifying the allegations in the application, the
attorney representing the state shall:
(1) include on the application information regarding
the arrest that was requested of the applicant but was unknown by
the applicant;
(2) forward a copy of the application to the district
court for the county;
(3) together with the applicable physical and [or]
e-mail addresses, attach to the copy a list of all:
(A) law enforcement agencies, jails or other
detention facilities, magistrates, courts, attorneys representing
the state, correctional facilities, central state depositories of
criminal records, and other officials or agencies or other entities
of this state or of any political subdivision of this state;
(B) central federal depositories of criminal
records that are reasonably likely to have records or files
containing information that is subject to expunction; and
(C) private entities that compile and
disseminate for compensation criminal history record information
that are reasonably likely to have records or files containing
information that is subject to expunction; and
(4) request the court to enter an order directing
expunction based on an entitlement to expunction under Article
55A.006.
(c-1) An application under this article may not:
(1) list any state or local agency more than once; or
(2) include multiple contacts or addresses for
different divisions with respect to the same state or local agency.
SECTION 5. Subchapter G, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.3025 to read as
follows:
Art. 55A.3025. RETENTION OF CERTAIN MENTAL HEALTH RECORDS.
(a) The court shall retain federal prohibited person information,
as defined by Section 411.052, Government Code, regardless of
whether an expunction order is issued with regard to the criminal
case in which that information is contained.
(b) The court shall keep the information described by
Subsection (a) confidential, and the information is subject to
release to the Department of Public Safety or the Federal Bureau of
Investigation, as applicable, only for purposes of an audit of
records described by Section 411.0521(c-1), Government Code, or to
otherwise verify the inclusion of a person's records in the
National Instant Criminal Background Check System.
SECTION 6. Article 55A.351, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), and (c) and adding
Subsections (b-1), (b-2), and (b-3) to read as follows:
(a) When an expunction order issued under Subchapter E or F
is final, the clerk of the court shall send a [certified] copy of
the order to the Crime Records Service of the Department of Public
Safety, the Office of Court Administration of the Texas Judicial
System, and to each official or agency or other governmental entity
of this state or of any political subdivision of this state listed
[named] in the order.
(b) The [certified] copy of the order must be sent by secure
electronic mail, electronic transmission, or facsimile
transmission or otherwise by certified mail, return receipt
requested.
(b-1) A state or local agency with an e-mail address that is
identified under Article 55A.253 or 55A.256 must accept a copy of an
expunction order that is provided in an electronic format by the
clerk of the court.
(b-2) The clerk of the court may not charge a fee to
electronically transmit a copy of the expunction order to an
official or agency or other governmental entity for which an e-mail
address or other means of electronic transmission is provided in
the applicable petition or application.
(b-3) The clerk of the court shall charge a fee of $25 for
each official, agency, or other governmental entity that is listed
in the applicable petition or application and that is unable to
receive an electronic transmission under Subsection (b-2).
(c) In sending the order under Subsection (a) to a
governmental entity listed [named] in the order, the clerk may
elect to substitute hand delivery for certified mail, but the clerk
must receive a receipt for that hand-delivered order.
SECTION 7. Article 55A.352(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The department shall provide, by secure electronic
mail, electronic transmission, or facsimile transmission, notice
of the order to any private entity that is listed [named] in the
order or that purchases criminal history record information from
the department.
SECTION 8. Article 55A.353, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
provided by Articles 55A.354 and 55A.357, on receipt of an
expunction order issued under Subchapter E or F, each official or
agency or other governmental entity listed [named] in the order
shall:
(1) as appropriate:
(A) return all records and files that are subject
to the expunction order to the court; or
(B) in cases other than those described by
Articles 55A.202 and 55A.203, if removal is impracticable,
obliterate all portions of the record or file that identify the
person who is the subject of the order and notify the court of the
action; and
(2) delete from the listed [named] entity's public
records all index references to the records and files that are
subject to the expunction order.
SECTION 9. Article 55A.354, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO
MISTAKEN IDENTITY. On receipt of an order granting expunction to a
person entitled to expunction under Article 55A.006, each official,
agency, or other governmental entity listed [named] in the order:
(1) shall:
(A) obliterate all portions of the record or file
that identify the person who is the subject of the order; and
(B) if applicable, substitute for all
obliterated portions of the record or file any available
information that identifies the person arrested; and
(2) may not return the record or file or delete index
references to the record or file.
SECTION 10. Article 55A.356, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) Except in the case of a person who is the subject of an
expunction order on the basis of an acquittal or an expunction order
based on an entitlement under Article 55A.006 and except as
provided by Article 55A.357, the clerk of the court shall destroy
all the files or other records maintained under Subsection (b),
other than the expunction order itself, on [not earlier than the
60th day after the date the order is issued or later than] the first
anniversary of the [that] date the order is issued, unless the
records or files were released under Article 55A.355.
(c-1) The clerk of the court shall maintain the expunction
order in a confidential manner and provide a copy only to the person
subject to the order after proper presentation of identification,
subject to any further order from the court regarding access to the
order.
SECTION 11. The following provisions of the Code of
Criminal Procedure are repealed:
(1) Articles 55A.356(d) and (e); and
(2) Article 102.006.
SECTION 12. Articles 55A.203, 55A.253, 55A.254, and
55A.256, Code of Criminal Procedure, as amended by this Act, apply
only to a petition or application filed on or after the effective
date of this Act. A petition or application filed before the
effective date of this Act is governed by the law in effect on the
date the petition or application was filed, and the former law is
continued in effect for that purpose.
SECTION 13. Article 55A.351, Code of Criminal Procedure, as
amended by this Act, applies only to an expunction order that
becomes final on or after the effective date of this Act.
SECTION 14. Article 55A.356(c), Code of Criminal Procedure,
as amended by this Act, Articles 55A.3025 and 55A.356(c-1), Code of
Criminal Procedure, as added by this Act, and Articles 55A.356(d)
and (e), Code of Criminal Procedure, as repealed by this Act, apply
to any records and files in the possession of the clerk of the court
on or after the effective date of this Act.
SECTION 15. The repeal of Article 102.006, Code of Criminal
Procedure, by this Act applies to an expunction order entered on or
after the effective date of this Act, regardless of whether the
underlying arrest occurred before, on, or after the effective date
of this Act.
SECTION 16. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 17. This Act takes effect September 1, 2025.
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