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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of arrest records and files when a grand |
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jury fails to find that probable cause exists to believe the alleged |
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offense was committed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55A.052(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A person to whom this subchapter applies is entitled to |
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have all records and files relating to the arrest expunged if an |
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indictment or information charging the person with the commission |
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of a misdemeanor offense based on the person's arrest or charging |
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the person with the commission of any felony offense arising out of |
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the same transaction for which the person was arrested has not been |
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presented against the person at any time following the arrest and |
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if: |
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(1) at least 180 days have elapsed from the date of |
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arrest if the arrest for which the expunction was sought was for an |
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offense punishable as a Class C misdemeanor and there was no felony |
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charge arising out of the same transaction for which the person was |
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arrested; |
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(2) at least one year has elapsed from the date of |
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arrest if the arrest for which the expunction was sought was for an |
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offense punishable as a Class B or A misdemeanor and there was no |
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felony charge arising out of the same transaction for which the |
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person was arrested; |
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(3) at least three years have elapsed from the date of |
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arrest if the arrest for which the expunction was sought was for an |
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offense punishable as a felony or there was a felony charge arising |
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out of the same transaction for which the person was arrested; [or] |
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(4) the attorney representing the state certifies that |
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the applicable arrest records and files are not needed for use in |
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any criminal investigation or prosecution, including an |
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investigation or prosecution of another person; or |
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(5) the presentment did not occur solely because the |
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grand jury failed to find that probable cause exists to believe the |
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person committed the offense. |
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SECTION 2. The change in law made by this Act applies to the |
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expunction of arrest records and files for any criminal offense |
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that occurred before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |