Relating to the procedures for the expunction of arrest records and files for certain persons.

89(R) HB 2617 - House Committee Report version - Bill Text

89R21583 JCG-F

By: Anchía

H.B. No. 2617

Substitute the following for H.B. No. 2617:

By: Wu

C.S.H.B. No. 2617

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for the expunction of arrest records and

files for certain persons.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 55A.203, Code of Criminal Procedure, is

amended by amending Subsections (a) and (b) and adding Subsections

(b-1) and (d) to read as follows:

(a) A trial court that is a district court or a district

court in the county in which the trial court is located
shall
[
may,

with the consent of the attorney representing the state,
] enter an

expunction order for a person entitled to expunction under Article

55A.053(a)(2)(A) not later than the 30th day after the date the

court, as applicable:

(1) dismisses the case following the person's

successful completion of a veterans treatment court program created

under Chapter 124, Government Code, or former law; or

(2) receives the information regarding the dismissal.

(b) A trial court that is a district court or a district

court in the county in which the trial court is located
shall
[
may,

with the consent of the attorney representing the state,
] enter an

expunction order for a person entitled to expunction under Article

55A.053(a)(2)(B) not later than the 30th day after the date the

court, as applicable:

(1) dismisses the case following the person's

successful completion of a mental health court program created

under Chapter 125, Government Code, or former law; or

(2) receives the information regarding the dismissal.

(b-1)

A trial court that is a district court or a district

court in the county in which the trial court is located shall enter

an expunction order for a person entitled to expunction under

Article 55A.053(a)(2)(C) not later than the 30th day after the date

the court, as applicable:

(1)

dismisses the case following the person's

successful completion of a pretrial intervention program

authorized under Section 76.011, Government Code, other than a

program described by Subsection (a)(1) or (b)(1) of this section;

or

(2) receives the information regarding the dismissal.

(d)

The person for whom a court is required to enter an

expunction order under Subsection (a), (b), or (b-1), as

applicable, shall provide to the attorney representing the state

all of the information required in a petition for expunction under

Article 55A.253 and any affidavit required under Article 55A.053(b)

or (c). The attorney representing the state shall prepare an

expunction order under this article for the court's signature.

SECTION 2. Subchapter E, Chapter 55A, Code of Criminal

Procedure, is amended by adding Article 55A.2035 to read as

follows:

Art.

55A.2035.

ATTORNEY REPRESENTING STATE CERTIFIES

RECORDS AND FILES NOT NEEDED. (a) A trial court that is a district

court or a district court in the county in which the trial court is

located shall enter an expunction order for a person entitled to

expunction under Article 55A.052(a)(4) not later than the 30th day

after the date the court receives the certification described by

that subdivision.

(b)

The attorney representing the state who certified under

Article 55A.052(a)(4) that the applicable arrest records and files

are not needed for use in any criminal investigation or prosecution

shall prepare an expunction order under this article for the

court's signature.

The person for whom a court is required to enter

an expunction order under Subsection (a) shall provide to the

attorney representing the state all of the information required in

a petition for expunction under Article 55A.253.

(c)

Notwithstanding any other law, a court that enters an

expunction order under this article may not charge any fee or assess

any cost for the expunction.

SECTION 3. Article 55A.204, Code of Criminal Procedure, is

amended to read as follows:

Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE

REGARDING EXPUNCTION ORDER
BASED ON ACTUAL INNOCENCE
. The attorney

representing the state shall prepare an expunction order under

Article 55A.202 [
or 55A.203
] for the court's signature and notify

the Texas Department of Criminal Justice if the person who is the

subject of the order is in the custody of the department.

SECTION 4. Article 55A.205, Code of Criminal Procedure, is

amended to read as follows:

Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER
BASED ON

ACTUAL INNOCENCE
. In an expunction order entered under Article

55A.202 [
or 55A.203
], the court shall:

(1) provide a listing of each official, agency, or

other entity of this state or political subdivision of this state

and each private entity that there is reason to believe has any

record or file that is subject to the order; and

(2) require that:

(A) the Texas Department of Criminal Justice send

to the court any documents delivered to the department under

Section 8(a), Article 42.09; and

(B) the Department of Public Safety and the Texas

Department of Criminal Justice delete or redact, as appropriate,

from their public records all index references to the records and

files that are subject to the expunction order.

SECTION 5. The heading to Article 55A.206, Code of Criminal

Procedure, is amended to read as follows:

Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS

COLLECTED UNDER EXPUNCTION ORDER BASED ON ACTUAL INNOCENCE
[
BY

COURT
].

SECTION 6. 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 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

Article
[
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 named entity's public records all

index references to the records and files that are subject to the

expunction order.

SECTION 7. Subchapter H, Chapter 55A, Code of Criminal

Procedure, is amended by adding Article 55A.358 to read as follows:

Art.

55A.358.

RETENTION OF RECORDS FOR DEVELOPMENT AND

OPERATION OF PRETRIAL INTERVENTION PROGRAMS. Notwithstanding

Articles 55A.353, 55A.354, 55A.355, and 55A.356, a community

supervision and corrections department established under Chapter

76, Government Code, or an office of an attorney representing the

state, in possession of records and files subject to an expunction

order based on an entitlement under Article 55A.053(a)(2)(A), (B),

or (C) may retain and use those records and files only for the

purpose of developing and operating pretrial intervention programs

in a judicial district served by the department or office.

SECTION 8. Article 102.006(b-1), Code of Criminal

Procedure, is amended to read as follows:

(b-1) The fees under Subsection (a) shall be waived if the

petitioner is entitled to expunction:

(1)
under Article 55A.052(a)(4) after an attorney

representing the state certifies that the applicable arrest records

and files are not needed for use in any criminal investigation or

prosecution;

(2)
under Article 55A.053(a)(2)(A) after successful

completion of a veterans treatment court program created under

Chapter 124, Government Code, or former law; [
or
]

(3)
[
(2)
] under Article 55A.053(a)(2)(B) after

successful completion of a mental health court program created

under Chapter 125, Government Code, or former law
; or

(4)

under Article 55A.053(a)(2)(C) after successful

completion of a pretrial intervention program authorized under

Section 76.011, Government Code
.

SECTION 9. Section 124.001, Government Code, is amended by

amending Subsection (b) and adding Subsection (c) to read as

follows:

(b) If a defendant who was arrested for or charged with, but

not convicted of or placed on deferred adjudication community

supervision for, an offense successfully completes a veterans

treatment court program, after notice to the attorney representing

the state and a hearing in the veterans treatment court at which

that court determines that a dismissal is in the best interest of

justice, the veterans treatment court shall provide to the court in

which the criminal case is pending information about the dismissal
.

(c)

On receipt of the dismissal information under

Subsection (b), the
[
and shall include all of the information

required about the defendant for a petition for expunction under

Article 55A.253, Code of Criminal Procedure. The
] court in which

the criminal case is pending shall
:

(1)
dismiss the case against the defendant
;
and[
:

[
(1) if that trial court is a district court, the court

may, with the consent of the attorney representing the state, enter

an order of expunction on behalf of the defendant under Article

55A.203(a), Code of Criminal Procedure; or
]

(2) if that trial court is not a district court,
for

purposes of Article 55A.203(a), Code of Criminal Procedure, provide

to a district court in the county in which the trial court is

located information about the dismissal
[
the court may, with the

consent of the attorney representing the state, forward the

appropriate dismissal and expunction information to enable a

district court with jurisdiction to enter an order of expunction on

behalf of the defendant under Article 55A.203(a), Code of Criminal

Procedure
].

SECTION 10. Section 125.001, Government Code, is amended by

amending Subsection (b) and adding Subsection (c) to read as

follows:

(b) If a defendant successfully completes a mental health

court program, after notice to the attorney representing the state

and a hearing in the mental health court at which that court

determines that a dismissal is in the best interest of justice, the

mental health court shall provide to the court in which the criminal

case is pending information about the dismissal
.

(c)

On receipt of the dismissal information under

Subsection (b), the
[
and shall include all of the information

required about the defendant for a petition for expunction under

Article 55A.253, Code of Criminal Procedure. The
] court in which

the criminal case is pending shall
:

(1)
dismiss the case against the defendant
;
and[
:

[
(1)

if that trial court is a district court, the court

may, with the consent of the attorney representing the state, enter

an order of expunction on behalf of the defendant under Article

55A.203(b), Code of Criminal Procedure; or
]

(2) if that trial court is not a district court,
for

purposes of Article 55A.203(b), Code of Criminal Procedure, provide

to a district court in the county in which the trial court is

located information about the dismissal
[
the court may, with the

consent of the attorney representing the state, forward the

appropriate dismissal and expunction information to enable a

district court with jurisdiction to enter an order of expunction on

behalf of the defendant under Article 55A.203(b), Code of Criminal

Procedure
].

SECTION 11. (a) Except as provided by Subsection (b) of

this section and subject to Subsection (c) of this section, this Act

applies, regardless of when the underlying arrest occurred, to the

expunction of arrest records and files for a person:

(1) who successfully completes any of the following

programs before, on, or after the effective date of this Act:

(A) a veterans treatment court program under

Chapter 124, Government Code, or former law;

(B) a mental health court program under Chapter

125, Government Code, or former law; or

(C) a pretrial intervention program authorized

under Section 76.011, Government Code; or

(2) whose case an attorney representing the state

certified that the applicable arrest records and files were not

needed for use in any criminal investigation or prosecution.

(b) The change in law made by this Act to Article 102.006,

Code of Criminal Procedure, applies to the fees charged or costs

assessed for 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.

(c) For a person who is entitled to expunction under Article

55A.052(a)(4) or 55A.053(a)(2)(A), (B), or (C), Code of Criminal

Procedure, based on a successful completion of a program described

by Subsection (a)(1) of this section before the effective date of

this Act or the certification by an attorney representing the state

as described by Subsection (a)(2) of this section before the

effective date of this Act, notwithstanding the 30-day time limit

provided for the court to enter an automatic order of expunction

under Article 55A.203 or 55A.2035, Code of Criminal Procedure, as

amended or added by this Act, respectively, the court shall enter

the required order of expunction for the person as soon as

practicable after the court receives written notice from any party

to the case about the person's entitlement to the expunction.

SECTION 12. This Act takes effect September 1, 2025.