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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 by a |
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statutory county court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 55A.101, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) Except as provided by Article 55A.151 and subject to |
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Subsections [Subsection] (b) and (c), a district court, a justice |
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court, [or] a municipal court of record, or a statutory county court |
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may expunge all records and files relating to the arrest of a person |
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if: |
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(1) the person is: |
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(A) tried for the offense for which the person |
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was arrested; |
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(B) convicted of the offense; and |
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(C) acquitted by the court of criminal appeals |
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or, if the period for granting a petition for discretionary review |
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has expired, by a court of appeals; or |
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(2) an office of the attorney representing the state |
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authorized by law to prosecute the offense for which the person was |
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arrested recommends the expunction to the court before the person |
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is tried for the offense, regardless of whether an indictment or |
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information has been presented against the person with respect to |
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the offense. |
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(c) A statutory county court may only expunge records and |
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files under Subsection (a) that relate to the arrest of a person for |
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an offense that is subject to the jurisdiction of a statutory county |
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court. |
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SECTION 2. Article 55A.201(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) At the request of the acquitted person and after notice |
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to the state, or at the request of the attorney representing the |
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state with the consent of the acquitted person, an expunction order |
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shall be entered, not later than the 30th day after the date of the |
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acquittal, for a person entitled to expunction under Article |
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55A.002 by: |
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(1) the trial court presiding over the case in which |
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the person was acquitted, if the court is: |
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(A) a district court; |
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(B) a justice court; [or] |
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(C) a municipal court of record; or |
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(D) a statutory county court; or |
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(2) a district court in the county in which the trial |
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court is located. |
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SECTION 3. Article 55A.202(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In a case in which a person is entitled to expunction |
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under Article 55A.003, an expunction order shall be entered, not |
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later than the 30th day after the date the court receives notice of |
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the applicable pardon or other grant of relief, for the person by: |
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(1) the trial court presiding over the case, if the |
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court is: |
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(A) a district court; |
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(B) a justice court; [or] |
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(C) a municipal court of record; or |
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(D) a statutory county court; or |
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(2) a district court in the county in which the trial |
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court is located. |
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SECTION 4. Article 55A.251, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55A.251. FILING OF PETITION. A person who is entitled |
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to expunction of records and files under Article 55A.002, 55A.004, |
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or 55A.005 or Subchapter B, or a person who is eligible for |
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expunction of records and files under Article 55A.101, may, subject |
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to Articles [Article] 55A.252 and 55A.2525, file an ex parte |
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petition for expunction in a district court for the county in which: |
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(1) the petitioner was arrested; or |
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(2) the offense was alleged to have occurred. |
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SECTION 5. Subchapter F, Chapter 55A, Code of Criminal |
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Procedure, is amended by adding Article 55A.2525 to read as |
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follows: |
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Art. 55A.2525. FILING CERTAIN PETITIONS IN STATUTORY COUNTY |
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COURT. If the arrest for which expunction is sought is for an |
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offense that is subject to the jurisdiction of a statutory county |
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court, a person who is entitled to expunction of records and files |
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under Article 55A.002 or a person who is eligible for expunction of |
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records and files under Article 55A.101(a) may file an ex parte |
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petition for expunction in a statutory county court in the county in |
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which: |
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(1) the petitioner was arrested; or |
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(2) the offense was alleged to have occurred. |
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SECTION 6. Article 55A.253, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55A.253. CONTENTS OF PETITION. An ex parte petition |
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filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 must be |
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verified and must include, with respect to the person who is the |
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subject of the petition, the following or an explanation for why one |
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or more of the following is not included: |
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(1) the person's: |
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(A) full name; |
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(B) sex; |
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(C) race; |
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(D) date of birth; |
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(E) driver's license number; |
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(F) social security number; and |
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(G) address at the time of the arrest; |
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(2) the offense charged; |
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(3) the date the offense charged was alleged to have |
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been committed; |
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(4) the date of arrest; |
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(5) the name of the county of arrest and if the arrest |
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occurred in a municipality, the name of the municipality; |
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(6) the name of the arresting agency; |
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(7) the case number and court of offense; and |
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(8) together with the applicable physical or e-mail |
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addresses, a list of all: |
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(A) law enforcement agencies, jails or other |
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detention facilities, magistrates, courts, attorneys representing |
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the state, correctional facilities, central state depositories of |
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criminal records, and other officials or agencies or other entities |
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of this state or of any political subdivision of this state; |
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(B) central federal depositories of criminal |
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records that the person who is the subject of the petition has |
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reason to believe have records or files that are subject to |
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expunction; and |
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(C) private entities that compile and |
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disseminate for compensation criminal history record information |
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that the person who is the subject of the petition has reason to |
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believe have information related to records or files that are |
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subject to expunction. |
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SECTION 7. Article 55A.255, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court |
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finds that the person who is the subject of an ex parte petition |
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filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 is |
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entitled to expunction of any records and files that are the subject |
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of the petition, the court shall enter an order directing |
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expunction. |
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SECTION 8. Article 55A.258(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A close relative of a deceased person who, if not |
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deceased, would be entitled to expunction of records and files |
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under Subchapter A, B, or C may file on behalf of the deceased |
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person an ex parte petition for expunction under Article 55A.251, |
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[or] 55A.252, or 55A.2525 or an application for expunction under |
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Article 55A.256, as applicable. If the court finds that the |
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deceased person would be entitled to expunction of any record or |
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file that is the subject of the petition, the court shall enter an |
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order directing expunction. |
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SECTION 9. Article 102.006(a-1), Code of Criminal |
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Procedure, is amended to read as follows: |
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(a-1) In addition to any other fees required by other law |
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and except as provided by Subsection (b), a petitioner seeking |
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expunction of a criminal record in a justice court, [or] a municipal |
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court of record, or a statutory county court under Chapter 55A shall |
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pay a fee of $100 for filing an ex parte petition for expunction to |
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defray the cost of notifying state agencies of orders of expunction |
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under that chapter. |
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SECTION 10. Section 25.0003, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A statutory county court has concurrent jurisdiction |
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with a district court over expunction proceedings relating to the |
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arrest of a person for an offense that is subject to the |
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jurisdiction of a statutory county court. |
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SECTION 11. The change in law made by this Act applies to |
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the 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 12. This Act takes effect September 1, 2025. |