HB 2045
AN ACT relating to automatic expunction of arrest records and files for
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
Requires courts to automatically enter an expunction order for individuals who are acquitted of criminal charges within 30 days of their acquittal. The order will be prepared either by the acquitted person's attorney or the state's attorney, and applies to cases in municipal courts of record or district courts. The law retroactively applies to arrest records for people acquitted before, on, or after the effective date, giving individuals whose prior acquittals did not result in automatic expunction an opportunity to have their records cleared.
Bill Text
relating to automatic expunction of arrest records and files for certain persons who are tried for an offense and subsequently BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 55A.201, Code of Criminal Procedure, is amended by amending Subsections (a) and (d) and adding Subsection (a) An [At the request of the acquitted person and after notice to the state, or at the request of the attorney representing the state with the consent of the acquitted person, an] expunction order shall be entered, not later than the 30th day after the date of the acquittal, for a person entitled to expunction under Article (1) the trial court presiding over the case in which the person was acquitted, if the court is: (C) a municipal court of record; or (2) a district court in the county in which the trial (d) An expunction order under this article shall be prepared (1) the attorney for the acquitted person in the case in which the person was acquitted, if the acquitted person was (2) the attorney representing the state, if the person was not represented by an attorney [or if the attorney representing the state requested the order]. (e) If the trial court is not a court described by Subsection (a)(1), the trial court shall forward the proposed order and all information required in a petition for expunction under Article 55A.253 to a court described by Subsection (a)(2). SECTION 2. Articles 55A.201(b) and (c), Code of Criminal SECTION 3. (a) This Act applies to the expunction of arrest records and files for a person entitled to that expunction under Article 55A.002, Code of Criminal Procedure, before, on, or after the effective date of this Act, regardless of when the underlying (b) For a person who is entitled to expunction under Article 55A.002, Code of Criminal Procedure, based on an acquittal that occurred 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.201, Code of Criminal Procedure, as amended by this Act, the court shall enter an 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 SECTION 4. 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 automatic expunction of arrest records and files for
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