HB 1820
AN ACT relating to the expunction of arrest records and files when a grand
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Allows individuals to have their arrest records expunged (erased) in certain circumstances when no formal charges are filed, particularly when a grand jury fails to find probable cause. The law provides specific waiting periods for expunction based on the severity of the alleged offense: 180 days for Class C misdemeanors, one year for Class A or B misdemeanors, and three years for felonies. The bill helps individuals clear their records after an arrest that did not result in prosecution, potentially improving their employment and personal opportunities.
Bill Text
relating to the expunction of arrest records and files when a grand jury fails to find that probable cause exists to believe the alleged BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 55A.052(a), Code of Criminal Procedure, (a) A person to whom this subchapter applies is entitled to have all records and files relating to the arrest expunged if an indictment or information charging the person with the commission of a misdemeanor offense based on the person's arrest or charging the person with the commission of any felony offense arising out of the same transaction for which the person was arrested has not been presented against the person at any time following the arrest and (1) at least 180 days have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class C misdemeanor and there was no felony charge arising out of the same transaction for which the person was (2) at least one year has elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a Class B or A misdemeanor and there was no felony charge arising out of the same transaction for which the (3) at least three years have elapsed from the date of arrest if the arrest for which the expunction was sought was for an offense punishable as a felony or there was a felony charge arising out of the same transaction for which the person was arrested; [or] (4) the attorney representing the state certifies that the applicable arrest records and files are not needed for use in any criminal investigation or prosecution, including an investigation or prosecution of another person; or (5) the presentment did not occur solely because the grand jury failed to find that probable cause exists to believe the SECTION 2. The change in law made by this Act applies to the expunction of arrest records and files for any criminal offense that occurred before, on, or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the expunction of arrest records and files when a grand
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