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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of all records and files related to |
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arrests for certain decriminalized misdemeanor offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 55A, Code of Criminal |
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Procedure, is amended by adding Article 55A.007 to read as follows: |
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Art. 55A.007. CERTAIN DECRIMINALIZED MISDEMEANOR OFFENSES. |
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A person to whom this subchapter applies is entitled to the |
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expunction of all records and files related to the arrest, |
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including, as applicable, any records and files related to a |
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conviction of the offense, if: |
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(1) the person is convicted of or placed on deferred |
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adjudication community supervision under Subchapter C, Chapter |
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42A, for the offense for which the person was arrested; |
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(2) the offense for which the person was arrested was a |
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misdemeanor offense and the conduct that was the subject of the |
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offense as applied to the person has been statutorily |
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decriminalized subsequent to the date of the commission of the |
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offense; and |
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(3) as applicable: |
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(A) the person's sentence, including any term of |
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confinement or period of community supervision imposed and payment |
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of all fines and costs imposed, is finally discharged; or |
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(B) the person received a dismissal and discharge |
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under Article 42A.111 for the offense. |
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SECTION 2. 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) A person who is |
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entitled to expunction of records and files under Article 55A.002, |
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55A.004, 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 Article 55A.252, file an ex parte petition for expunction in a |
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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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(b) A person who is entitled to expunction of records and |
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files under Article 55A.007 may file an ex parte petition for |
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expunction in the court that convicted the person or placed the |
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person on deferred adjudication community supervision. |
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SECTION 3. Subchapter F, Chapter 55A, Code of Criminal |
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Procedure, is amended by adding Article 55A.2545 to read as |
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follows: |
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Art. 55A.2545. PETITIONER DEMONSTRATION AT HEARING FOR |
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EXPUNCTION OF DECRIMINALIZED MISDEMEANOR OFFENSE. At a hearing |
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held on a petition for expunction on the basis of an entitlement |
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under Article 55A.007, the court may require the petitioner to |
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demonstrate that the offense that is the subject of the petition |
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qualifies as a statutorily decriminalized offense under current |
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law. The demonstration may include an affidavit signed by the |
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petitioner attesting to the fact that the offense that is the |
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subject of the petition qualifies as a statutorily decriminalized |
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offense under current law. |
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SECTION 4. Article 55A.257, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION |
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ON PERSON'S BEHALF. The director of the Department of Public Safety |
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or the director's authorized representative may file on behalf of a |
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person described by Article 55A.251(a) [55A.251] or 55A.256 an ex |
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parte petition for expunction in a district court for the county in |
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which: |
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(1) the person was arrested; or |
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(2) the offense was alleged to have occurred. |
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SECTION 5. Subchapter H, Chapter 55A, Code of Criminal |
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Procedure, is amended by adding Article 55A.3565 to read as |
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follows: |
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Art. 55A.3565. RETENTION AND INSPECTION OF CERTAIN RECORDS |
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AFTER EXPUNCTION OF DECRIMINALIZED MISDEMEANOR OFFENSE. (a) This |
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article applies only to records and files for which an expunction |
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order has been issued on the basis of an entitlement under Article |
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55A.007. |
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(b) Notwithstanding any other law, the law enforcement |
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agency, the prosecuting attorney responsible for investigating the |
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offense for which the expunction order was issued, and the clerk of |
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the applicable court may retain the records and files relating to |
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the arrest for the offense, including any records and files related |
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to a conviction of the offense, to be used only: |
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(1) for the investigation or prosecution of another |
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offense arising out of the same transaction for which the person who |
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is the subject of the order was arrested; or |
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(2) by the office of the governor in determining |
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whether to issue a pardon or commute a sentence. |
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(c) The records and files for which the expunction order was |
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issued are not open for inspection by anyone, except that the |
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records and files are open for inspection by the person who is the |
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subject of the order or for the purposes described by Subsection |
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(b). |
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SECTION 6. Article 102.006(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The fees under Subsection (a) or the fee under |
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Subsection (a-1), as applicable, shall be waived if: |
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(1) the petitioner seeks expunction of a criminal |
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record that relates to an arrest for an offense of which the person |
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was acquitted, other than an acquittal for an offense described by |
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Article 55A.151, and the petition for expunction is filed not later |
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than the 30th day after the date of the acquittal; or |
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(2) the petitioner is entitled to expunction under |
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Article 55A.007. |
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SECTION 7. This Act applies to an expunction of arrest |
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records and files relating to any misdemeanor offense that was |
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committed before, on, or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |