89R3013 JSC-F

By: Orr H.B. No. 2328

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.

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. 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 6. 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 7. 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 8. 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 9. 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 10. The following provisions of the Code of Criminal Procedure are repealed:

(1) Articles 55A.356(d) and (e); and

(2) Article 102.006.

SECTION 11. 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 12. 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 13. Article 55A.356(c), Code of Criminal Procedure, as amended by this Act, Article 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 14. 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 15. 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 16. This Act takes effect September 1, 2025.